Hustler Magazine v. Jerry Falwell: Defamation or Parody?

Defamation has dominated recent legal news. From Captain Jack Sparrow suing Amber Heard to Nick Sandman being defamed by CNN, courts have been busy navigating the murky waters of legal liability for spreading false information about a person. In this class, we go back to where it all began. Not, not 1791 and the ratification of the First Amendment. But to Hustler Magazine, Inc. v. Falwell, 485 U.S. 46 (1988). Hustler v. Falwell is a landmark decision by the Supreme Court in which the Court held that parodies of public figures, even those intending to cause emotional distress, are protected by the First and Fourteenth Amendments to the U.S. Constitution.

AGENDA

1. 00:00-15:00 (15 MINUTES) REVIEW HISTORY OF DEFAMATION LAW IN THE UNITED STATES
   1. New York Times v. Sullivan, 376 U.S. 254 (1964) (public figures)
   2. Curtis Publishing Co. v. Butts, 388 U.S. 130 (1967) (public figures who are not public officials may still sue news organizations if they disseminate information about them which is recklessly gathered and unchecked).
   3. Gertz v. Robert Welch, Inc., 418 U.S. 323 (1974) (actual malice not necessary for defamation of private person if negligence).
   4. Time, Inc. v. Hill, 385 U.S. 374 (1967) (Extension of actual malice standard)
2. 15:00 – 20:00 (5 MINUTES) – FACTS OF HUSTLER MAGAZINE V. FALWELL
   1. Who was Larry Flynt?
   2. Who was Jerry Falwell?
   3. Article – Jerry Falwell Talks About His First Time
3. 20:00 – 35:00 (15 MINUTES) – TRIAL IN HUSTLER MAGAZINE V. FALWELL
   1. Claims
   2. Legal strategies
   3. Procedural history
   4. Motion for Summary Judgment
   5. Trial
   6. Fourth Circuit
4. 35:00 – 50:00 (15 MINUTES) SUPREME COURT CASE
   1. Issues on appeal
   2. Oral Arguments
5. DECISION 50:00 – 60:00 (10 MINUTES) CURRENT DEFAMATION CASES:
   1. Nick Sandman v. CNN
   2. Palin v. NY Times
   3. Johnny Depp v. Amber Heard

Speaker: Joel Oster, Comedian of Law

For questions: Contact the CLE Department at 502-583-5314 x 108.
Cancelations: Must be received by LBA at least 24 hours in advance for a refund (minus processing fee). Substitutes allowed (except special events). 
Technology issues: User error does not qualify for a refund. 

This is a LIVE program. Recordings are NOT included with registration. Separate fees apply for accessing past recordings through the LBA On-Demand Catalog. Please note: Live and on-demand CLE programs have different KBA accreditation requirements.  

A 3% processing fee will be automatically applied to all credit card transactions.