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Political Deep Fakes are clearly protected under the First Amendment. In general, they may be akin to art, parody, or even obscene material. Each of these art forms is a type of protected free speech and regulating them is a slippery slope.

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The Falwell v. Flynt Trial: A Chronology. October Hustler Magazine publishes a Campari "ad parody" in its November issue that describes Reverend Jerry Falwell's "first time": incest in an outhouse with his mother.

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Respondent, a nationally known minister and commentator on politics and public affairs, filed a diversity action in Federal District Court against petitioners, a nationally circulated magazine and its publisher, to recover damages for, inter alia, libel and intentional infliction of emotional distress arising from the publication of an advertisement "parody" which, among other things, portrayed respondent as having engaged in a drunken incestuous rendezvous with his mother in an outhouse. The jury found against respondent on the libel claim, specifically finding that the parody could not "reasonably be understood as describing actual facts. The Court of Appeals affirmed, rejecting petitioners' contention that the "actual malice" standard of New York Times Co.

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Jerry Falwell was a nationally known minister and active commentator on both political and public issues. Hustler Magazine printed a parody article about Falwell inferring Falwell and his mother were incestuous and immoral drunks. In response, Falwell sued Hustler Magazine claiming damages for libel, invasion of privacy and intentional infliction of emotional distress. Hustler appealed and the Supreme Court granted certiorari.

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Hustler Magazine, Inc. FalwellU. In an 8—0 decision, the Court ruled in favor of Hustler magazine, holding that a parody ad published in the magazine depicting televangelist and political commentator Jerry Falwell as an incestuous drunk, was protected speech since Falwell was a public figure and the parody could not have been reasonably considered believable.

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Hustler publisher Larry Flynt became a free-speech activist when he defended himself in a defamation suit from Jerry Falwell, which went all the way to the Supreme Court. In the s, few figures loomed larger — or exerted greater influence — on the national stage than televangelist Jerry Falwell. Of course, that put him in the crosshairs of progressives.

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The U. Jerry Falwell for his emotional distress at having been parodied in Hustler, a pornographic magazine. In doing so, it reversed both a jury award against Flynt and a ruling by the U.

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The Court applied the actual malice standard set out in New York Times v. Sullivan, which requires that a false statement must be published with knowledge of or reckless disregard for the truth. It found the parody to be a statement of opinion, protected by the First Amendment.

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To make the top three of this list of defamation cases, you have to have one thing and one thing only: a film made about your case. Larry Flynt had that. It was nominated for an Academy Award.

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The landmark Supreme Court case Hustler v. Falwell turned 25 this week. When a Supreme Court precedent reaches this age, its legacy is either firmly developed or lost to the history books.

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