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Majority Opinion
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Rehnquist, C.J. (Kennedy, J., not participating) |
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Concurring Opinion
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White, J. (concurring in the judgment) |
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Lower Court
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4th Circuit |
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Lower Court Ruling
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First Amendment claim denied |
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Oral Arguments
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Oral Arguments
[Oyez]
-- edited transcript in Irons, Peter, editor, MAY IT PLEASE THE COURT: THE FIRST AMENDMENT (1997), pp. 120-128
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| Lawyers |
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| Briefs |
Alexander Wellford, David C. Kohler, Rodney A. Smolla, William A. Niese, Jeffrey S. Klein, W. Terry Maguire, & Slade R. Metcalf for Richmond Newspapers, Inc.
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Bruce Rich for Association of American Publishers, Inc.
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Edward de Grazia for Law & Humanities Institute
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Harriette K. Dorsen, John A. Powell, & Steven R. Shapiro for ACLU Foundation
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Irwin Karp & I. Fred Koenigsberg for Volunteer Lawyers for the Arts, Inc.
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Jane E. Kirtley, Richard M. Schmidt, David Barr, & J. Laurent Scharff for Reporters Committee for Freedom of the Press et al.
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P. Cameron DeVore & Daniel M. Waggoner for Home Box Office, Inc.
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Roslyn A. Mazer & George Kaufmann for Association of American Editorial Cartoonists et al.
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| News Stories & Commentary |
Editorial, "Outrageous Speech? Yes, and Free," New York Times, February 26, 1988, sect. A, p. 34
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Jones, Alex S., "Double-Barrel Judgment; The Hustler Decision Bolsters Protections Of First Amendment and the Sullivan Rule," New York Times, February 25, 1988, sect. A, p. 22
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Kamen, Al, "Court Bars Damages To Falwell; Public Figures' Obligation to Prove Libel Is Affirmed Supreme Court Rules Against Damages to Falwell," Washington Post, February 25, 1988, sect. A, p. 1
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Taylor, Jr., Stuart, "Falwell Rebuffed: Rules to Protect Speech Extended in His Case Against Magazine Court, 8-0, Guards Right To Assail Public Figures," New York Times, February 25, 1988, sect. A, p. 22
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| Opinion - Lower Court |
Falwell v. Flynt, 797 F.2d 1270 (4th Cir., 1986)
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Falwell v. Flynt, 805 F.2d 484 (4th Cir., 1986)
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| Other |
Barron, Jerome, & Dienes, C. Thomas, THE FIRST AMENDMENT (2000), pp. 145-148
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Fein, Bruce, Book Review (of Smolla), "Hustler Magazine v. Falwell: A Mislitigated & Misreasoned Case," 30 William & Mary Law Review 905 (1989)
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Kelley, M. J., "Falwell v. Flynt: An Emerging Threat to Freedom of Speech," 1987 Utah Law Review 703
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Kirkpatrick, S., "Falwell v. Flynt: Intentional Infliction of Emotional Distress as a Threat to Free Speech," 81 Northwestern University Law Review 993 (1987)
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Menand, Louis, "Lust in Action: Jerry Falwell and Larry Flint," in AMERICAN POLITICS (FSG, 2002), pp. 221-238
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Post, Robert, "The Constitutional Concept of Public Discourse: Outrageous Opinion, Democratic Deliberation, & Hustler Magazine v. Falwell," 103 Harvard Law Review 603 (1990)
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Smolla, Rod, "Emotional Distress & the First Amendment," 20 Arizona Law Journal 423 (1988)
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Smolla, Rodney, JERRY FALWELL v. LARRY FLYNT: THE FIRST AMENDMENT ON TRIAL (1988)
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