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Jerry Falwell v. Larry Flynt: The First Amendment In Action
Who does the First Amendment protect: smut peddlers like Larry Flynt or a highly revered reverend like Jerry Falwell? The Supreme Court has ruled on cases involving the First Amendment many times, but never has a case or ruling been as controversial as the Jerry Falwell v. Larry Flynt decision. No one would have ever believed that a porn king like Larry Flynt would have ever had a chance against Jerry Falwell, who was once voted the second most admired man in the United States behind the President. However, Flynt had a better chance against Falwell than most gave him credit for; and with the spectacular defense of a savvy lawyer named Alan Isaacman and the first amendment on his side, he would prevail. This editorial will show the merits of this landmark case, discuss the Supreme Court’s ruling, and the reasoning behind this ruling.
Jerry Falwell first filed a diversity action against Flynt in Federal District Court against Larry Flynt and Hustler magazine to recover damages for, inter alia, libel, and intentional infliction of emotional distress as a result of the publication of a “parody” advertisement for Capari Liqueur. The advertisement portrayed Jerry Falwell as having engaged in a drunken incestuous rendezvous with his mother in an outhouse. The jury ruled against Falwell on the libel claim, because they found the “parody” could not reasonably be understood as describing actual facts. However, they ruled in Falwell’s favor on the emotional distress claim and awarded him $200,000. The Court of Appeals affirmed the lower courts ruling, rejecting Flynt’s claim that the “actual malice” standard of New York Times Co. v. ... Larry Flynt then took his case to the Supreme Court, which is very tough to do, taking into account the number of cases the Supreme Court hears.
Approximate Word count = 1527
Approximate Pages = 6.1
(250 words per page double spaced)
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