Hustler Magazine Vs Falwell Case Study

Hustler Magazine v. Falwell Taylor, 1

Hustler Magazine v. Falwell ? public figures protected from libel

Jordan Taylor

Liberty High School

3AB

We would not live in the world we live in today if it weren?t for the contributions from the Hustler Magazine v. Falwell case. We live in a society nowadays that all the media does is make up crazy rumors insults about celebrities. Hustler Magazine v. Falwell made that possible by siding with the magazine company in regard that the false parody ad implying that Jerry Falwell?s ?first time? was when he had drunken sexual relations with his own mother, had no ?actual malice? so it was not believable and could not be taken seriously. (Hustler Magazine v. Falwell, 2015)

The court thought that the claim was in no way believable so it could not be considered defamation or libel. The real question is how far can the 1st Amendment freedom of press really go? By what measures is something deemed as being unbelievable, especially in the gullible-plagued world we live in today? This case is significant because it clears up the issue and gives a better understanding of the issue, but not

completely fixing the question which is basically impossible. With that being said, the court unanimously decides in favor of Hustler Magazine, but it was an 8-0 decision because Justice Anthony Kennedy did not partake in the case. They stand by that if there is no actual malice then there is no attempt of libel or to defame anyone. (Legal Information Institute, 2015)
The New York Times v.

Sullivan case was a relevant precedent. This is the case that originally used the term ?actual malice? and decided that it had to be proven as actual malice before any press reports about public officials or any celebrities could be considered as libel. Jerry Falwell actually won the case in a lower court, but when it got to the Supreme Court, they overruled it in favor of Hustler Magazine and Larry Flynt (the owner of Hustler Magazine). There was no dissenting opinions because the case was unanimous in favor of Hustler. The only concurring opinion was from Justice White. He believed that this case was in no way related to the New York Times v. Sullivan because it had ?no assertion of fact?, but says that the company cannot be penalized due to the First Amendment. (Hustler Magazine v. Falwell,

2015)
When this case was all said and done, it was one of the most important cases in our nation's history regarding freedom of the press. It helped set the tone for the way we live in our society today. After this case, many more magazine companies started using these types of parodies. This case is a perfect example of how far freedom of press in our 1st Amendment can go. The message sent can be taken multiple ways depending on the person, it could've given off the impression that anyone can make up something about someone as long as it's so preposterous that it is deemed as unbelievable. For example, if a newspaper publishes something such as ?Kanye West is Half Alien? then obviously there will not be an issue because that is a for sure fictional headline. An example of something that is ?over the line? and can be considered as libel would be when Tom Cruise sued a French gay pornstar that told a magazine that he and Cruise had sexual relations leading to the divorce between Cruise and his then wife, Nicole Kidman. This case the court sided with Cruise because he proved that he was declined movie roles because they thought he might have been homosexual which stands by the Court?s original ruling that it had to be believable which he proved. Ultimately, the U.S. Supreme Court decides whether there is enough evidence for them to believe it or if the defendant can prove the intent and malice, if they do then it can be considered libel. Overall, we can either partly blame or thank this case for helping us get to where we are today.

References

"Hustler Magazine, Inc. v. Falwell." Oyez. Chicago-Kent College of Law at Illinois Tech, n.d. Jan 11, 2016.

Legal Information Institute (2015) Hustler Magazine v. Falwell. Retrieved from Cornell Law: https://www.law.cornell.edu/wex/hustler_magazine_inc._v._falwell_1988