COMM 3310 – LEGAL CASE BRIEF Gregory Hoeft | Section 2158 | 10/16/15 First Amendment Freedom of Speech/Libel or Defamation CASE NAME: Hustler Magazine v. Falwell CITATION/DATE: Hustler Magazine v. Falwell 485 U.S. 46 (1988) Argued December 2, 1987 Decided February 24, 1988 LEVEL OF COURT: U.S. Supreme Court (Rehnquist Court 1988-1990) FACTS: In the November 1983 issue of Hustler Magazine, a lead story was published that featured what the magazine considered a “parody” of an advertisement. It was modeled after an actual advertising campaign and admittedly falsely claimed that the Reverend Jerry Falwell, a Fundamentalist minister and political leader, engaged in an incestuous relationship with his mother in an outhouse while under the influence of alcohol. Reverend Falwell sued, claiming libel, invasion of privacy and intentional infliction of emotional distress, seeking to recover damages for said accusations. Reverend Falwell had previously won a jury verdict regarding the claim of emotional distress, which awarded him $150,000 in total damages. The Court of Appeals affirmed, rejecting the contention of petitioners that "actual malice", as standardized in New York Times Co. v. Sullivan (376 U. S. 254), must be met prior to the respondent recovering for emotional distress. Hustler Magazine chose to file an appeal. ISSUE …show more content…
COURT’S DECISION AND