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Hustler Magazine, Inc. v. Falwell, U.S. 46 (), is a United States Supreme Court case in The parody was mimicking the popular advertising campaigns that Campari, an Italian liqueur, was running at the time that featured brief.
Hustler v. Falwell: 25 Years of Protected Satire
14 Nov In its November issue, Hustler Magazine published a satirical ad focused on Falwell. The piece was modeled on Campari's popular.
The inside front cover of the November issue of Hustler Magazine featured a "parody" of an advertisement for Campari Liqueur that contained the name.
Description:Falwell turned 25 this week. Accordingly, because the parody did not make false statements that were implied to be true, it could not be the subject of damages under the New York Times actual-malice standard. The case proceeded to trial. Respondent contends, however, that the caricature in question here was so "outrageous" as to distinguish it from more traditional political cartoons. But 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. At the heart of the First Amendment is the recognition of the fundamental importance of the free flow of ideas and opinions on matters of public interest and concern. Given the importance of the constitutional issues involved, we granted certiorari.
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