The People V Larry Flynt Summary

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Recommended: Film: The People v. Larry Flynt

The People v. Larry Flynt In the film The People v. Larry Flynt, there are several notable court cases that tap into the issue of free speech. The main speech that caught my attention was the Hustler Magazine v. Falwell. Throughout this paper I will show an understanding of the issues in this particular case, including the speech issues, arguments that support the speech, arguments that suppress or punish the speech, issues I agree with in the case, and how the case may be different in a different time period. Also, I will give a short review of how I might direct or construct the film different. This was an critical case to protect our 1st Amendment right to free speech and how Larry Flynt helped protect that. In the case Hustler Magazine …show more content…

In the parody the Reverend was claimed to have lost his virginity to his own mother. The Reverend distraught over this interpretation of him sued Hustler magazine for defamation, and intentional infliction of emotional distress. Falwell won the emotional distress and was awarded damages in the sum of $200,000. Hustler magazine appealed the case, soon after the Supreme Court sided with Hustler Magazine 8-0. Some of the arguments that protect the defamation issue in the case are that no reasonable person would believe such a thing. If we go back to the case of New York Times v. Sullivan, this case set the precedent of public figures. This was a remedy to having someone that is a public official from collecting damages for slander or libel. Falwell was indeed a public figure being he was very well known throughout …show more content…

Both of these led to the tort of intentional infliction of emotional distress that Reverend Falwell was claiming. There was a clear false light as the truth about what was said was clearly distorted by claiming that his mother took his virginity. Also, his name was misappropriated by having it attached to an article that could soil his name as a good Reverend of the people. This tort he claimed inflicted emotional distress and therefore he should be compensated. Supporting arguments for protection of this speech are that there is a public interest of the people to shape a story like this that would make him someone seem foolish sort of similar to a political cartoon. This could also be said that he is a figure of the public that the people of this country have discerning opinion about. The speech in this case was more of a matter of taste. Since it was already ruled that the Reverend was a public figure he has to be open to the criticism that he may face on the public stage. In other words, people are not always compelled to agree with what you say and you must be able to bear with such criticism. By awarding the Reverend damages you are awarding unpopular speech and as a public figure he was not protected from this unpopular speech. If the court were to decided that he was to be awarded damages there would be lawsuits against countless different publications

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