Hustler v. Falwell :: essays research papers

operator v. FalwellHustler Magazine versus Jerry Falwell was a case that involved many key elements. send-off of all it was a case that examined if a public figure such as Jerry Falwell could collect for emotional damages sustained to him by a farce that was published in an issue of Hustler Magazine. Secondly, did Hustler invade Falwells privacy by publishing the contents of the parody? The most important view of the case, that was under review, was if Hustler was in accordance with their First Amendment Rights, of freedom of speech, by publishing the parody.The parody in question was published in an issue of Hustler in a faux advertisement for Campari Liqueur. In the advertisement entitled, Jerry Falwell tells about his first time, Falwell is portrayed as giving an interview. In the fake interview Falwell dialog about his first sexual experience, which was with his mother, and describes how he was drunk and the experience took place in an outhouse. The interview also tells how Falwell doesnt go out in effort of the pulpit unless hes sloshed. The district Court found Hustler Magazine liable for Falwells emotional distress and granted him 100,000 dollars in damages. However, the judgeship did rule in favor of Hustler in that they did not invade Falwells privacy since he was a public figure. They also ruled against Falwells defame claim, stating that Hustler did not publish anything that a reasonable person would misinterpret as the facts.The big argument in the case, when it was introduced to the Supreme Court, was if the District Court had strip Hustler Magazine of their First Amendment rights. Since Hustler was a magazine of nationwide circulation and since Falwell is a national figure Hustler argued that the parody was in no modality wrong since any reasonable person would identify it as humor alternatively than facts. The Court agreed and it found that Falwell should not be rewarded any damages.The headsman Justice Rehnquist presided over the ca se. In his statement of opinion Rehnquist acknowledged that the article wasnt of the best taste. He also acknowledged that there isnt very a good way to distinguish between cases of this nature. His argument of this was since all jurors have different views and opinions that verdicts in cases such as this would be of opinion rather than clearly defined by the law. He acknowledged that not all speech is protected equally by the First Amendment but this case didnt possess such speech.