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  •  Famous 1st amendment case protected Larry Flynt (0+ / 0-)

    There was a famous SCOTUS case many years ago in which the court found in favor of Larry Flynt and Hustler magazine in a lawsuit brought against Flynt by Jerry Falwell.

    If the law protects Larry Flynt and Hustler, it might as well protect Hustler's moral equivalent, Fox News.

    http://www.oyez.org/...

    Hustler Magazine v. Falwell

    A lead story in the November 1983 issue of Hustler Magazine featured a "parody" of an advertisement, modeled after an actual ad campaign, claiming that Falwell, a Fundamentalist minister and political leader, had a drunken incestuous relationship with his mother in an outhouse. Falwell sued to recover damages for libel, invasion of privacy, and intentional infliction of emotional distress. Falwell won a jury verdict on the emotional distress claim and was awarded a total of $150,000 in damages. Hustler Magazine appealed.

    . . .

    In a unanimous opinion the Court held that public figures, such as Jerry Falwell, may not recover for the intentional infliction of emotional distress without showing that the offending publication contained a false statement of fact which was made with "actual malice." The Court added that the interest of protecting free speech, under the First Amendment, surpassed the state's interest in protecting public figures from patently offensive speech, so long as such speech could not reasonably be construed to state actual facts about its subject.

    Please help to fight hunger with a donation to Feeding America.

    by MJB on Mon Apr 08, 2013 at 11:14:29 PM PDT

    [ Parent ]

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