ABSTRACT

Hustler magazine ran an advertising parody that featured the likeness of the Reverend Jerry Fal-well, although the US Supreme Court ultimately ruled such a parody was protected by the First Amendment to the Constitution. At issue in the case were free speech rights as provided in that amendment. A typical Hustler issue featured provocative photographs of nude women as well as adult-oriented jokes, articles, and stories. Falwell was a nationally known and politically active conservative. Falwell sued both the Hustler magazine corporation and its publisher, Larry Flynt, for $45 million in federal district court, alleging libel and intentional infliction of emotional distress. Allan Isaacman, the attorney for Hustler and Flynt, stressed to the Court that there was a public interest in allowing the parody of public figures. The Court grounded its decision in the First Amendment to the Constitution as incorporated to apply to the states through the Fourteenth Amendment.