As the United States Supreme Court declared in the landmark case of Hustler v.What the Supreme Court did, essentially, was to preserve the scope that already existed, which they did by rejecting an effort by the Appeals Court to allow a public figure, absent a finding of libel, to recover on a claim of emotional distress. Falwell extended the scope of First Amendment speech protections. It would be misleading to say that Hustler v.Drawn to Extremes: The Use and Abuse of Editorial Cartoons in the United States.
Falwell did not directly concern a political cartoon - but, rather, the parody of a magazine - the decision had ramifications for cartoonists. Falwell, making the history of editorial cartooning central to its decision.
In 1988, the Supreme Court affirmed the freedom of cartoonists in Hustler Magazine v.Contemporary Supreme Court Cases: Landmark Decisions Since Roe v. It also provides protection for the long-established practice of political satire. It continues the Court's well-established tradition of providing a high level of protection for those who comment on public affairs, and makes it extremely difficult for politicians and public figures to recover against those who comment on their actions.
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Falwell is an important decision for free speech in this country.Falwell, Supreme Court of the United States, 485 U.S. Justice Byron White, concurrence, Hustler Magazine v.But I agree with the Court that the judgment below, which penalized the publication of the parody, cannot be squared with the First Amendment. 254 (1964), has little to do with this case, for here the jury found that the ad contained no assertion of fact. As I see it, the decision in New York Times Co.The judgment of the Court of Appeals is accordingly Reversed. for reasons heretofore stated, this claim cannot, consistently with the First Amendment, form a basis for the award of damages when the conduct in question is the publication of a caricature such as the ad parody involved here. Here it is clear that respondent Falwell is a "public figure" for purposes of First Amendment law.Chief Justice William Rehnquist, decision, Hustler Magazine v.374, 390 (1967) it reflects our considered judgment that such a standard is necessary to give adequate "breathing space" to the freedoms protected by the First Amendment. This is not merely a "blind application" of the New York Times standard, see Time, Inc. We conclude that public figures and public officials may not recover for the tort of intentional infliction of emotional distress by reason of publications such as the one here at issue without showing, in addition, that the publication contains a false statement of fact which was made with "actual malice," i.e., with knowledge that the statement was false or with reckless disregard as to whether or not it was true.Quotes Court ruling Majority Rehnquist, joined by Brennan, Marshall, Blackmun, Stevens, O'Connor, Scalia