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Respondent, a nationally known minister and commentator on politics and public affairs, filed a diversity action in Federal District Court against petitioners, a nationally circulated magazine and its publisher, to recover damages for, inter alia, libel and intentional infliction of emotional distress arising from the publication of an advertisement "parody" which, among other things, portrayed respondent as having engaged in a drunken incestuous rendezvous with his mother in an outhouse. The jury found against respondent on the libel claim, specifically finding that the parody could not "reasonably be understood as describing actual facts. The Court of Appeals affirmed, rejecting petitioners' contention that the "actual malice" standard of New York Times Co. Sullivan, U. Rejecting as irrelevant the contention that, because the jury found that the parody did not describe actual facts, the ad was an opinion protected by the First Amendment to the Federal Constitution, the court ruled that the issue was whether the ad's publication was sufficiently outrageous to constitute intentional infliction of emotional distress.
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Hustler Magazine vs Falwell

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Hustler Magazine, Inc. v. Falwell | US Law | LII / Legal Information Institute

Nature of the Case: Falwell sued petitioner and its publisher, Larry Flint, to recover damages for invasion of privacy, libel, and intentional infliction of emotional distress. It involves questions regarding the First Amendment limitations upon a State's authority to protect its citizens from the intentional infliction of emotional distress Facts:. The inside front cover of the November issue of Hustler Magazine featured a "parody" of an advertisement for Campari Liqueur that contained the name and picture of respondent and was entitled "Jerry Falwell talks about his first time. In small print at the bottom of the page, the ad contains the disclaimer, "ad parody - not to be taken seriously. This was brought into action by the courts respondent alleged that the publication of the ad entitles him to recover damages for libel, invasion of privacy, and intentional infliction of emotional distress.
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Hustler Magazine Held Not Liable For Damages in Teen’s Death

Don't have an account yet? Get the most out of your experience with a personalized all-access pass to everything local on events, music, restaurants, news and more. The founder and publisher of the long-running salacious, satirical Hustler magazine and many other sextastic business ventures, Larry Flynt, has lived a life full of public battles, some which he has won, and some that he lost. In the '70s and '80s, he was a favorite target of the so-called moral right of the country, and he was more than willing to return their volleys in kind. His testing of those moral waters more than likely led to his shooting and subsequent paralysis.
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