Jerry Falwell V. Larry Flynt: The First Amendment on Trial

In February 1988, the Supreme Court handed down its decision on one of the most explosive challenges to the First Amendment in legal history. The case began in 1983, when Larry Flynt and Hustler magazine published a parody that portrayed the Reverend Jerry Falwell--leader of the powerful Moral Majority--as a drunk who engaged in sexual relations with his mother. A shocked Falwell sued Flynt for defamation and intentional infliction of emotional distress. After a wild trial in federal district court, a jury awarded Falwell substantial damages. A federal appeals court upheld the verdict, but then the Supreme Court ruled unanimously in favor of Flynt, a sweeping reaffirmation of the freedom of speech. This book is a highly entertaining and intellectually provocative account of this crucial legal battle. The author uses the trial as the centerpiece of a broad exploration of the First Amendment and its implications. In addition, he places the conflict in the larger context of modern televangelism and the pornography business--both lucrative enterprises with powerful media influence BOOK LIST REVIEW: The first quotation mark around ''porn king'', ''emotional distress'', ''a triumphant celebration of freedom of speech.'' should be changed to match the second quotation mark in each instance. The words "any more" should be changed to one word "anymore". Larry Flynt ran up the red flag when he allowed an ad parody in a 1983 issue of his notorious magazine, Hustler, that depicted TV preacher Jerry Falwell as a drunk who had sex with his mother. Falwell slapped the ''porn king'' with a suit that went all the way to the Supreme Court. The lower courts decided that Falwell had not been libeled but had suffered enough ''emotional distress'' to justify Flynt paying $200,000 in damages. Flynt's attorneys and many others felt that letting the award stand would undermine libel law. If proving libel was not necessary to win damages, why try to establish it any more? The high court reversed the original decision in what legal scholar Smolla avers is ''a triumphant celebration of freedom of speech.'' His authoritative yet personable account of the suit, replete with vigorous sketches of its main figures and brilliant discussion of its issues, is a classic, too, although Falwell's critics may think Smolla gives him more quarter than he deserves. Notes; to be indexed. RO. LIBRARY JOURNAL REVIEW: Again, the first quotation marks should be changed to match the second ones in the following: (''Campari. You'll never forget the first time.''), (''Jerry Falwell talks about his first time.'') When Flynt's Hustler magazine published in 1983 a bad-taste satirical ad based on Campari's series (''Campari. You'll never forget the first time.'') using fundamentalist minister Falwell having sex with his mother (''Jerry Falwell talks about his first time.''), Falwell sued for libel and emotional distress. Legal scholar and libel expert Smolla, author of Suing the Press , carefully and entertainingly re-creates the legal battles that resulted from the suit. Quoting depositions and trial record testimony, Smolla serves up fair-minded appraisals of Flynt, Falwell, and their interesting lawyers and raises reasonable doubts about First Amendment absolutism. Lively and provocative. Jack Forman, Mesa Coll. Lib., San Diego (c) Copyright 2010. Library Journals LLC, a wholly owned subsidiary of Media Source, Inc. No redistribution permitted.