Hustler Magazine Jerry Falwell Presentation By: Rockford Stone

Larry Flynt One of the World’s most renowned pornography publishers Controversial icon who challenged his American liberties on a consistent basis The creator of the controversial Hustler Magazine

Jerry Falwell A religious leader, political activist and television evangelist Started the Old Time Gospel Hour, a radio and television program He founded the Lynchburg Christian Academy in 1967 and Liberty Baptist College in 1971

Published in 1983 edition of Hustler Magazine The “Ad”

The Case Jerry Falwell sued Hustler Magazine Larry Flynt Publications for libel, invasion of privacy, and intentional infliction of emotional distress for $45 Billion. Larry Flynt countersued for copyright infringement. The jury ruled against Jerry Falwell on the libel claim, specifically finding that the ad parody could not "reasonably be understood as describing actual facts about [respondent] or actual events in which [he] participated.“ The jury ruled for Jerry Falwell on the intentional infliction of emotional distress claim, however and stated that he should only be awarded $ 100,000 in compensatory damages, as well as $ 50,000 each in punitive damages from petitioners.

The Significance This Case challenged the values and boundaries pertaining to the First Amendment of the Constitution The decision of the Supreme Court reiterated the previous standard that was introduced with the New York Times vs. Sullivan case, and placed first amendment boundaries on the tort of intentional infliction of emotional distress "Debate on public issues will not be uninhibited if the speaker must run the risk that it will be proved in court that he spoke out of hatred; even if he did speak out of hatred, utterances honestly believed contribute to the free interchange of ideas and the ascertainment of truth." "The fact that society may find speech offensive is not a sufficient reason for suppressing it. Indeed, if it is the speaker's opinion that gives offense, that consequence is a reason for according it constitutional protection. For it is a central tenet of the First Amendment that the government must remain neutral in the marketplace of ideas."

Works Cited Fien, B. (1989). A Mislitigated and Misreasoned Case Hustler Magazine v. Falwell: The First Amendment on Trail. William and Mary Law Review, Jerry Falwell Biography. (2014). Retrieved 03 20, 2014, from The Biography Channel website: Laguzza, J. R. (1998). Hustler Magazine, Inc. v. Falwell: Laugh or Cry,. Public Figures Must Learn to Live with Satirical. Pepperdine Law Review, Larry Flynt Biography. (2014). Retrieved 03 19, 2014, from Biography Channel website: Linder, D. O. (2008). Famous Trails: Falwell v Flynt Trail Retrieved 03 20, 2014, from Famous Trails : Milestone Cases in Surpreme Court History. (2013). Retrieved 3 19, 2014, from Infoplease: Post, R. C. (1990). The Constitutional Concept of Public Discourse: Outrageous Opinion, Democratic Deliberation, and Hustler Magazine v. Falwell. Harvard Law Review,