## Facts

- Hustler Magazine published a liquor advertisement parody depicting Reverend Jerry Falwell in a fictional, offensive scenario and stated it was a “parody.”
- Falwell, a nationally known public figure, alleged the publication harmed him.
- Falwell sued Hustler Magazine and its publisher for libel, invasion of privacy, and intentional infliction of emotional distress (IIED).
- The trial court rejected the libel claim based on lack of a false statement of fact and rejected the privacy claim, but allowed the IIED claim to go to the jury.
- The jury found for Falwell on IIED and awarded damages.

## Issues

1. Whether the First Amendment permits a public figure to recover for IIED based on a parody that no reasonable reader would understand as stating actual facts about the public figure.
2. Whether allowing IIED liability without requiring a false statement of fact made with actual malice would circumvent constitutional limits applicable to defamation claims by public figures.

## Decision

- The Supreme Court reversed the judgment for Falwell.
- The Court held that a public figure may not recover for IIED arising from a publication without showing a false statement of fact made with actual malice.
- Because the parody could not reasonably be understood as asserting actual facts, and the IIED verdict lacked the required constitutional showing, liability could not stand.

## Legal Principles

- The First Amendment bars public-figure recovery for IIED based on speech about public figures unless the plaintiff proves a false statement of fact made with actual malice.
- “Outrageousness” is too subjective a standard to serve as the basis for liability over speech criticizing or mocking public figures, because it risks penalizing disfavored viewpoints.
- Parody and satire concerning public figures receive strong constitutional protection, particularly where the content cannot reasonably be read as stating actual facts.

## Conclusion

The Court required public-figure IIED claims based on parody to meet the same constitutional safeguards that constrain defamation, preventing liability for offensive satire absent a knowingly or recklessly false factual assertion.


Hustler Mag., Inc. v. Falwell, 485 U.S. 46 (1988)