Public figures cannot recover damages for intentional infliction of emotional distress caused by a publication without proving the statements were false and made with actual malice.
A magazine published a parody advertisement featuring a prominent minister that depicted him in a highly offensive and incestuous manner. The minister sued for intentional infliction of emotional distress and was awarded damages by a jury. The court must determine whether a public figure can recover damages for emotional distress caused by offensive publications without proving the statements were false and made with actual malice. The Court holds that the First Amendment requires public figures to demonstrate that a publication contains a false statement of fact made with actual malice to recover for the intentional infliction of emotional distress.
At page 50 Analyzing first amendment protection for ad parody107 citing cases“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.”
- Preston Damsky v. Chris Summerlin, No. 25-14171 (11th Cir. Jan. 9, 2026).unpublished (At the heart of the First Amendment is the USCA11 Case: 25-14171 Document: 20-2 Date Filed: 01/08/2026 Page: 31 of 32 25-14171 NEWSOM, J., Dissenting 15 recognition of the fundamental importance of the free flow of ide…)
- Alan Dershowitz v. Cable News Network, Inc., 153 F.4th 1189 (11th Cir. 2025).published L.F. 117, 123 (2020); see also Hustler Mag., Inc. v. Falwell, 485 U.S. 46, 56 (1988) (“For it is a central tenet of the First Amendment that the government must remain neutral in the marketplace of ideas.”).
- Corso Ventures, L.L.C. v. Paye, 2023-Ohio-127, 206 N.E.3d 106.published Novak at 427 , quoting Hustler Magazine at 57 ("[s]peech that 'could not reasonably have been interpreted as stating actual facts' is a parody, even if 'patently offensive' "). {¶ 20} Appellants advance several additional arguments as to w…
- In Re Elster, 26 F.4th 1328 (Fed. Cir. 2022).published (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.)
- Selah All. for Equality v. City of Selah, No. 1:20-cv-03228 (E.D. Wash. June 30, 2021).(At the heart of the First 18 Amendment is the recognition of the fundamental importance of the free flow of 19 ideas and opinions on matters of public interest and concern)
- Mahanoy Area Sch. Dist. v. B. L., 594 U.S. 180 (2021).published(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)
- Taylor Bell v. Itawamba Cnty. Sch. Bd., 799 F.3d 379 (5th Cir. 2015).published (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.)
- United States v. Alvarez, 567 U.S. 709 (2012).published Co. v. NLRB, 536 U. S. 516, 531 (2002) (“[F]alse statements may be unprotected for their own sake”); Hustler Magazine, Inc. v. Falwell, 485 U. S. 46, 52 (1988) (“False statements of fact are particularly value- less”); Gertz v. Robert Welc…
- United States v. Strandlof, 667 F.3d 1146 (10th Cir. 2012).published Co., 536 U.S. at 530–31 (“[F]alse statements are not immunized by the First Amendment right to freedom of speech . . . .” (quotation omitted)); Hustler Magazine, 485 U.S. at 52 (“False statements of fact are particularly valueless . . . .”…
- Walpole v. Charleston Cnty., No. 5691 (S.C. Ct. App. Nov. 6, 2019).published See id. ("This provides assurance that public debate will not suffer for lack of 'imaginative expression' or the 'rhetorical hyperbole' which has traditionally added much to the discourse of our Nation.").
Show 89 more citing cases
- Ayyadurai v. Floor64, Inc., 270 F. Supp. 3d 343 (D. Mass. 2017).published The Supreme Court has made it clear that “a failed defamation claim cannot be recycled as a tort claim for negligent or intentional infliction of emo tional distress.” Shay v. Walters, 702 F.3d 76, 83 (1st Cir. 2012) (citing Hustler Magazi…
- In the Matter Of: The Hon. Stephen O. Callaghan, Judge-Elect of the 28th Circuit, 796 S.E.2d 604 (W. Va. 2017).published Co. v. NLRB, 536 U.S. 516, 531 , 122 S. Ct. 2390 , 153 L.Ed.2d 499 (2002) (“[F]alse statements may be unprotected for their own sake”); Hustler Magazine, Inc. v. Falwell, 485 U.S. 46, 52 , 108 S. Ct. 876 , 99 L.Ed.2d 41 (1988) (“False stat…
- Am. Freedom Def. Initiative v. Metro. Transp. Auth., 880 F. Supp. 2d 456 (S.D.N.Y. 2012).published (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.)
- Coming Up, Inc. v. City & Cnty. of San Francisco, 857 F. Supp. 711 (N.D. Cal. 1994).published (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.)
- Lichfield v. Kubler, No. 25-4135 (10th Cir. July 27, 2026).publishedMilkovich, 497 U.S. at 20 (alteration adopted) (quoting Hustler Magazine, Inc. v. Falwell, 485 U.S. 46, 50 (1988)).
- Hall v. Post, 372 S.E.2d 711 (N.C. 1988).published
- Casso v. Brand, 776 S.W.2d 551 (Tex. 1989).published
- Neal Horsley v. Geraldo Rivera, 292 F.3d 695 (11th Cir. 2002).published
- Shapero v. Kentucky Bar Assn., 486 U.S. 466 (1988).published
- Thornburgh v. Abbott, 490 U.S. 401 (1989).published
- Milkovich v. Lorain Journal Co., 497 U.S. 1 (1990).published
- Cohen v. Cowles Media Co., 501 U.S. 663 (1991).published
- Snyder v. Phelps, 562 U.S. 443 (2011).published
- Food Lion, Inc. v. Capital Cities/abc, Inc. Lynne Litt, A/K/A Lynne Neufes Abc Holding Co. Am. Broad. Companies, Inc. Richard N. Kaplan Ira Rosen Susan Barnett, Advance Publications, Inc. Associated Press the Ass'n of Am. Publishers CBS Broad., Inc. Cable News Network, Inc. Gannett Co., Inc. the Hearst Corp. King World Prods., Inc. McClatchy Newspapers, Inc. the Nat'l Ass'n of Broadcasters Nat'l Broad. Co., Inc. the Newspaper Ass'n of Am. Nat'l Pub. Radio, Inc. the New York Times Co. the Radio-Television News Directors Ass'n the Reporters Comm. for Freedom of the Press Investigative Reporters Editors, Inc. Nat'l Grocers Ass'n Int'l Mass Retail Ass'n William E. Lee John Demott Robert Ellis Smith Mike Rosen Accuracy in Media Media Esearch Ctr. Atl. Legal Found. Se. Legal Found., Amici Curiae. Food Lion, Inc. v. Capital Cities/abc, Inc. Lynne Litt, A/K/A Lynne Neufes Abc Holding Co. Am. Broad. Companies, Inc. Richard N. Kaplan Ira Rosen Susan Barnett, Advance Publications, Inc. Associated Press the Ass'n of Am. Publishers CBS Broad., Inc. Cable News Network, Inc. Gannett Co., Inc. the Hearst Corp. King World Prods., Inc. McClatchy Newspapers, Inc. the Nat'l Ass'n of Broadcasters Nat'l Broad. Co., Inc. the Newspaper Ass'n of Am. Nat'l Pub. Radio, Inc. the New York Times Co. the Radio-Television News Directors Ass'n the Reporters Comm. for Freedom of the Press Nat'l Grocers Ass'n Int'l Mass Retail Ass'n William E. Lee John Demott Robert Ellis Smith Mike Rosen Accuracy in Media Media Rsch. Ctr. Atl. Legal Found. Se. Legal Found., Amici Curiae, 194 F.3d 505 (4th Cir. 1999).published
- City of Albuquerque v. Pangaea Cinema, LLC, 2012-NMCA-075.published
- Yeagle v. Collegiate Times, 497 S.E.2d 136 (Va. 1998).published
- Dworkin v. L.F.P., Inc., 839 P.2d 903 (Wyo. 1992).published
- Keohane v. Stewart, 882 P.2d 1293 (Colo. 1994).published
- Daniels v. Metro Magazine Holding Co., L.L.C., 634 S.E.2d 586 (N.C. Ct. App. 2006).published
- Bauer v. Murphy, 530 N.W.2d 1 (Wis. Ct. App. 1995).published
- Renner v. Donsbach, 749 F. Supp. 987 (W.D. Mo. 1990).published
- New Times, Inc. v. Isaacks, 91 S.W.3d 844 (Tex. App.—Fort Worth 2002).published
- Don King Prods., Inc. v. Douglas, 742 F. Supp. 778 (S.D.N.Y. 1990).published
- Iowa Supreme Court Attorney Disciplinary Bd. v. Weaver, 750 N.W.2d 71 (Iowa 2008).published
- Bryson v. News Am. Publications, Inc., 672 N.E.2d 1207 (Ill. 1996).published
- Tuite v. Corbitt, 866 N.E.2d 114 (Ill. 2006).published
- Batson v. Shiflett, 602 A.2d 1191 (Md. 1992).published
- Imperial Apparel, Ltd. v. Cosmo's Designer Direct, Inc., 853 N.E.2d 770 (Ill. App. Ct. 1st Dist. 2006).published
- Moyer v. Amador Valley Jt. Union High Sch. Dist., 225 Cal. App. 3d 720 (Cal. Ct. App. 1990).published
- McQueen v. Fayette Cnty. Sch. Corp., 711 N.E.2d 62 (Ind. Ct. App. 1999).published
- Ferlauto v. Hamsher, 74 Cal. App. 4th 1394 (Cal. Ct. App. 1999).published
- Chaiken v. VV Publ'g Corp., 907 F. Supp. 689 (S.D.N.Y. 1995).published
- Morningstar, Inc. v. Superior Court, 23 Cal. App. 4th 676 (Cal. Ct. App. 1994).published
- Telnikoff v. Matusevitch, 702 A.2d 230 (Md. 1997).published
- Mink v. Knox, 566 F. Supp. 2d 1217 (D. Colo. 2008).published
- Dupuis v. City of Hamtramck, 502 F. Supp. 2d 654 (E.D. Mich. 2007).published
- Carpenter v. King, No. 2010-1069 (D.D.C. June 17, 2011).published
- Parisi v. Sinclair, No. 2010-0897 (D.D.C. Mar. 31, 2011).published
- Donnelly v. Univ. of North Carolina, 763 S.E.2d 154 (N.C. Ct. App. 2014).published
- Hope-Jackson v. Washington, 877 N.W.2d 736 (Mich. Ct. App. 2015).published
- Freedom Commc'ns, Inc. D/B/A the Brownsville Herald & the Valley Morning Star v. Juan Antonio Coronado, No. 13-08-00628-CV (Tex. App.—Corpus Christi Aug. 13, 2009).published
- Levinsky's, Inc. v. Wal-Mart Stores, Inc., 127 F.3d 122 (1st Cir. 1997).published
- Food Lion, Inc. v. Capital Cities/ABC, Inc., 194 F.3d 505 (4th Cir. 1999).published
- Compuware Corp. v. Moody's Investors Servs., Inc., 499 F.3d 520 (6th Cir. 2007).published
- Joliff v. NLRB, No. 06-2434 (6th Cir. Jan. 22, 2008).published
- Knievel v. Espn, No. 02-36120 (9th Cir. Jan. 3, 2005).published
- Kilnapp Enter., Inc. v. Massachusetts State Auto. Dealers Assoc., 47 N.E.3d 31 (Mass. App. Ct. 2016).published
- Liqui-Box Corp. v. Stein, 648 N.E.2d 904 (Ohio Ct. App. 10th Dist. 1994).published
- Commonwealth v. Bigelow, 59 N.E.3d 1105 (Mass. 2016).published
- Theaola Robinson v. KTRK Television, Inc., No. 01-14-00880-CV (Tex. App.—Houston [1st Dist.] Sept. 25, 2015).published
- John M. Higgins v. Ky. Sports Radio, LLC, 951 F.3d 728 (6th Cir. 2020).published
- Rogers v. Hon Mroz, 479 P.3d 410 (Ariz. Ct. App. 2020).published
- Safex Found., Inc. v. Safeth, Ltd., No. 2021-0161 (D.D.C. Mar. 26, 2021).published
- Inna Khodorkovskaya v. Jacquelyn Gay, 5 F.4th 80 (D.C. Cir. 2021).published
- Cousins v. Goodier, No. S20C-11-036 CAK (Del. Super. Ct. July 30, 2021).published
- Sheila C. v. Povich, 2 Misc. 3d 315 (N.Y. Sup. Ct. 2003).published
- City of Albuquerque v. Pangaea Cinema LLC, 2012-NMCA-075, 2 N.M. 219.published
- Moore v. Baron Cohen, No. 21-1702-cv (2d Cir. July 7, 2022).unpublished
- Planned Parenthood Fed'n of Am., Inc. v. Ctr. for Med. Progress, 214 F. Supp. 3d 808 (N.D. Cal. 2016).published
- Tech Plus, Inc. v. Ansel, 9 Mass. L. Rptr. 671 (Mass. Super. Ct. 1999).published
- Vigoreaux Lorenzana v. Quizno's Sub, Inc., 173 P.R. 254 (2008).published
- Garib Bazain v. Clavell, 135 P.R. Dec. 475 (1994).published
- Mashaud v. Boone, 295 A.3d 1139 (D.C. 2023).published
- Sammy Corea v. Fox Sports Holdings, LLC, No. 2:22-cv-07312 (C.D. Cal. Jan. 9, 2023).
- Straw v. Wolters Kluwer United States Inc., No. 1:20-cv-03251 (S.D.N.Y. May 1, 2020).
- Diaz v. Gazmey Santiago, No. 3:18-cv-01779 (D.P.R. Mar. 3, 2020).
- Leask v. Robertson, 589 F. Supp. 3d 506 (D.S.C. 2022).published
- Schuchardt v. Bloomberg, L.P., No. 3:22-cv-01017 (M.D. Tenn. Mar. 15, 2024).
- Shalit Barrett v. Atl. Monthly Grp. LLC, No. 2022-0049 (D.D.C. Sept. 9, 2024).published
- Mason v. Am. Prospect, Inc., No. 2023-2238 (D.D.C. Sept. 30, 2024).published
- Miller v. James, 751 F. Supp. 3d 21 (N.D.N.Y. 2024).published
- Saville v. Nw. Reg'l Jail Auth., No. 5:22-cv-00057 (W.D. Va. Jan. 8, 2024).
- Flynn v. Wilson, 398 So. 3d 1103 (Fla. 2d DCA 2024).published
- Fitch v. Stanley, No. CUMcv-04-78 (Me. Super. Ct Dec. 16, 2005).unpublished
- Mathews v. McCown, 2025 UT 34, 575 P.3d 1114.published
- Hayhurst, N.M.D. v. Timberlake, No. CV-94-199-SD (D.N.H. Apr. 30, 1997).published
- Citizen Publ'g Co. v. Miller, 115 P.3d 107 (Ariz. 2005).published
- Leddy v. Narragansett Television, L.P., 843 A.2d 481 (R.I. 2004).published
- Guilford Transp. Indus., Inc. v. Wilner, 760 A.2d 580 (D.C. 2000).published
- Carr v. Brasher, 776 S.W.2d 567 (Tex. 1989).published
- Coles v. Washington Free Weekly, Inc., 881 F. Supp. 26 (D.D.C. 1995).published
- McMillan v. Togus Reg'l Off., Dep't of Vet. Affairs, 294 F. Supp. 2d 305 (E.D.N.Y. 2003).published
- Collier v. Reese, 2009 OK 86, 223 P.3d 966.published
- Abbas v. Foreign Policy Grp., LLC, 975 F. Supp. 2d 1 (D.D.C. 2013).published
- Rodriguez v. Fox News Network, L.L.C., 356 P.3d 322 (Ariz. Ct. App. 2015).published
- Rehak Creative Servs., Inc. & Robert Rehak v. Ann L. Witt, Ellen Witt, Raymond Witt & Ann Witt Campaign, 404 S.W.3d 716 (Tex. App.—Houston [14th Dist.] 2013).published
- Doe v. Coleman, 436 S.W.3d 207 (Ky. Ct. App. 2014).published
- Wedding v. Harmon, 492 S.W.3d 150 (Ky. Ct. App. 2016).published
- Ghanam v. Does, 845 N.W.2d 128 (Mich. Ct. App. 2014).published
At page 56 Limiting emotional distress claims against public figures98 citing cases“with knowledge that the statement was false or with reckless disregard as to whether or not it was true.”
- Alan Dershowitz v. Cable News Network, Inc., 153 F.4th 1189 (11th Cir. 2025).published (For it is a central tenet of the First Amendment that the government must remain neutral in the marketplace of ideas.)
- Corso Ventures, L.L.C. v. Paye, 2023-Ohio-127, 206 N.E.3d 106.published Novak at 427 , quoting Hustler Magazine at 57 ("[s]peech that 'could not reasonably have been interpreted as stating actual facts' is a parody, even if 'patently offensive' "). {¶ 20} Appellants advance several additional arguments as to w…
- Moore v. Cohen, 548 F. Supp. 3d 330 (S.D.N.Y. 2021).published Additionally, as the court in Farah noted, political satire necessarily comments on and involves news and facts that take place in the world. 736 F.3d at 537 ; see also Falwell, 485 U.S. at 54 (“The appeal of the political cartoon or caric…
- Taylor Bell v. Itawamba Cnty. Sch. Bd., 799 F.3d 379 (5th Cir. 2015).published See Hustler Magazine, Inc. v. Falwell, 485 U.S. 46, 50 (1988) (“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.”).
- Andrea Dworkin Priscilla Moree Judith Fouts v. Hustler Magazine Inc., 867 F.2d 1188 (9th Cir. 1989).published (the sort of expression involved in this case does not seem to us to be governed by *1199 any exception to the general First Amendment principles)
- F.R.Y. v. Lee, 2013 COA 100, 408 P.3d 843.published “public figures .., may not recover for the tort of intentional infliction of emotional distress by reason of publications ... without showing in addition that the publication contains a false statement of fact which was…”
- United States v. Alvarez, 617 F.3d 1198 (9th Cir. 2011).published “the sort of expression involved in this case intentional infliction of emotional distress does not seem to us to be governed by any exception to the general first amendment principles stated above.”
- Melvin D. Reuber v. Food Chem. News, Inc. & Litton Indus., Inc. Litton Bionetics, Inc. Vincent T. Devita, Jr., Nat'l Cancer Inst., Nat'l Inst. of Health Richard Adamson, Nat'l Cancer Inst., Nat'l Inst. of Health William v. Hartwell, Nat'l Cancer Inst., Nat'l Inst. of Health William Payne, Frederick Cancer Rsch. Ctr. Michael G. Hanna, Jr., Frederick Cancer Rsch. Ctr. James C. Nance, Litton Bionetics, Inc. I.J. Fidler, Frederick Cancer Rsch. Ctr. United States of Am. U.S. Dep't of Health & Human Servs. Env't Prot. Agency, the Newsletter Ass'n Maryland-Delaware-Dist. of Columbia Press Ass'n Nat'l Ass'n of Broadcasters the Radio-Television News Directors Ass'n the Reporters Comm. for Freedom of the Press Washington Merry-Go-Round, Inc. The Washington Post, Amici Curiae. Melvin D. Reuber v. Litton Indus., Inc. Litton Bionetics, Inc. Vincent T. Devita, Jr., Nat'l Cancer Inst., Nat'l Inst. of Health Richard Adamson, Nat'l Cancer Inst., Nat'l Inst. of Health William v. Hartwell, Nat'l Cancer Inst., Nat'l Inst. of Health William Payne, Frederick Cancer Rsch. Ctr. Michael G. Hanna, Jr., Frederick Cancer Rsch. Ctr. James C. Nance, Litton Bionetics, Inc. I.J. Fidler, Frederick Cancer Rsch. Ctr. U.S. Dep't of Health & Human Servs. Env't Prot. Agency, & United States of Am. Food Chem. News, Inc., the Newsletter Ass'n Maryland-Delaware-Dist. of Columbia Press Ass'n Nat'l Ass'n of Broadcasters the Radio-Television News Directors Ass'n the Reporters Comm. for Freedom of the Press Washington Merry-Go-Round, Inc. The Washington Post, Amici Curiae. Melvin D. Reuber v. Litton Indus., Inc. Litton Bionetics, Inc. Michael G. Hanna, Jr., Frederick Cancer Rsch. Ctr. James C. Nance, Litton Bionetics, Inc. I.J. Fidler, Frederick Cancer Rsch. Ctr., & Vincent T. Devita, Jr., Nat'l Cancer Inst., Nat'l Inst. of Health Richard Adamson, Nat'l Cancer Inst., Nat'l Inst. of Health William v. Hartwell, Nat'l Cancer Inst., Nat'l Inst. of Health William Payne, Frederick Cancer Rsch. Ctr. United States of Am. U.S. Dep't of Health & Human Servs. Env't Prot. Agency Food Chem. News, Inc., the Newsletter Ass'n Maryland-Delaware-Dist. of Columbia Press Ass'n Nat'l Ass'n of Broadcasters the Radio-Television News Directors Ass'n the Reporters Comm. for Freedom of the Press Washington Merry-Go-Round, Inc. The Washington Post, Amici Curiae, 899 F.2d 271 (4th Cir. 1990).published “public figures ... may not recover for the tort of intentional infliction of emotional distress ... without showing in addition that the publication contains a false statement of fact which was made with 'actual malice'…”
- Reuber v. Food Chem. News, Inc., 899 F.2d 271 (4th Cir. 1990).published “public figures ... may not recover for the tort of intentional infliction of emotional distress ... without showing in addition that the publication contains a false statement of fact which was made with 'actual malice'_”
- Dayton Bar Assn. v. Baker, 2026-Ohio-2673.publishedSecond, while Gentile and White involved core political speech, see id.; Gentile at 1034 , the speech at issue in this case involved a private concern—her effort to recover the $550 she mistakenly transferred to Reynolds. {¶ 63} “‘“[N]ot a…
Show 88 more citing cases
- Fseisi, No. 1:25-cv-02368 (E.D. Va. May 14, 2026).In support of that contention, they principally rely on two cases that denied such recovery within a First Amendment context: Hustler Mag., Inc. v. Falwell, 485 U.S. 46, 56 (1988), which extended Sullivan’s logic to bar quasi-defamation re…
- Wealthy, Inc. v. John Mulvehill, No. 23-16132 (9th Cir. Dec. 30, 2025).unpublished(intentional infliction of emotional distress)
- StandWithUs Ctr. for Legal Just. v. MIT, No. 24-1800 (1st Cir. Oct. 21, 2025).publishedIn light of this overriding interest in open debate, speech made in public that is related to matters of public concern has been given "special protection under the First Amendment" and thus "cannot be restricted simply because it is upset…
- Batson v. Shiflett, 602 A.2d 1191 (Md. 1992).published
- Telnikoff v. Matusevitch, 702 A.2d 230 (Md. 1997).published
- Food Lion, Inc. v. Capital Cities/ABC, Inc., 194 F.3d 505 (4th Cir. 1999).published
- Compuware Corp. v. Moody's Investors Servs., Inc., 499 F.3d 520 (6th Cir. 2007).published
- Harte-Hanks Commc'ns, Inc. v. Connaughton, 491 U.S. 657 (1989).published
- Ashcroft v. Am. Civil Liberties Union, 535 U.S. 564 (2002).published
- Procter & Gamble Co. v. Amway Corp., 242 F.3d 539 (5th Cir. 2001).published
- Am. Online, Inc. v. Nam Tai Elec., Inc., 571 S.E.2d 128 (Va. 2002).published
- Spence v. Flynt, 816 P.2d 771 (Wyo. 1991).published
- Yetman v. English, 811 P.2d 323 (Ariz. 1991).published
- Florida Med. Ctr., Inc. v. New York Post Co., 568 So. 2d 454 (Fla. 4th DCA 1990).published
- State v. Petersilie, 432 S.E.2d 832 (N.C. 1993).published
- Hornberger v. Am. Broad. Cos., Inc., 799 A.2d 566 (N.J. Super. Ct. App. Div. 2002).published
- DeAngelis v. Hill, 847 A.2d 1261 (N.J. 2004).published
- Rattner v. Netburn, 733 F. Supp. 162 (S.D.N.Y. 1989).published
- Kiesau v. Bantz, 686 N.W.2d 164 (Iowa 2004).published
- Reiter v. Manna, 647 A.2d 562 (Pa. Super. Ct. 1994).published
- Kahn v. Bower, 232 Cal. App. 3d 1599 (Cal. Ct. App. 1991).published
- Delfino v. Agilent Tech., Inc., 145 Cal. App. 4th 790 (Cal. Ct. App. 2006).published
- Walko v. Kean Coll. of New Jersey, 561 A.2d 680 (N.J. Super. Ct. App. Div. 1988).published
- Metcalf v. KFOR-TV, INC., 828 F. Supp. 1515 (W.D. Okla. 1992).published
- Council on Am.-Islamic Relations Action Network, Inc. v. Gaubatz, No. 2009-2030 (D.D.C. June 24, 2011).published
- Rick Bertrand v. Rick Mullin & the Iowa Democratic Party, 846 N.W.2d 884 (Iowa 2014).published
- Jacobson v. CBS Broad., Inc., 2014 IL App (1st) 132480.published
- Tierney, J. Robert v. Vahle, Chet W., No. 01-2797 (7th Cir. Sept. 18, 2002).published
- Forbes Inc. & William P. Barrett v. Granada Biosciences, Inc. & Granada Foods Corp., No. 01-0788 (Tex. Dec. 19, 2003).published
- Porous Media Corp. v. Pall Corp., No. 97-4390 (8th Cir. Apr. 9, 1999).published
- Boswell v. The Retreat Cmty. Assn., No. E064171 (Cal. Ct. App. July 11, 2016).unpublished
- Brandon Darby v. the New York Times Co. & James C. McKinley, Jr., No. 14-0265 (Tex. Feb. 4, 2015).published
- Fairfax Fin. Holdings Ltd. v. S.A.C., 160 A.3d 44 (N.J. Super. Ct. App. Div. 2017).published
- Sindi v. El-Moslimany, 896 F.3d 1 (1st Cir. 2018).published
- Iancu v. Brunetti, 588 U.S. 388 (2019).published
- Rich v. Fox News Network, LLC, 939 F.3d 112 (2d Cir. 2019).published
- Fulton v. Philadelphia, 593 U.S. 522 (2021).published
- Justin Fairfax v. CBS Corp., 2 F.4th 286 (4th Cir. 2021).published
- Russell Henry v. Media Gen. Operations, Inc., 254 A.3d 822 (R.I. 2021).published
- Fulton v. Philadelphia, No. 19-123 (U.S. July 8, 2021).published
- Fulton v. Philadelphia, No. 19-123 (U.S. July 16, 2021).published
- Fulton v. Philadelphia, No. 19-123 (U.S. Aug. 17, 2021).published
- Wendy Rogers v. Hon. mroz/pamela Young, 502 P.3d 986 (Ariz. 2022).published
- Bowman v. Heller, 651 N.E.2d 369 (Mass. 1995).published
- Rotkiewicz v. Sadowsky, 730 N.E.2d 282 (Mass. 2000).published
- Lane v. MPG Newspapers, 781 N.E.2d 800 (Mass. 2003).published
- Durando v. Nutley Sun, 37 A.3d 449 (N.J. 2012).published
- McNulty v. Kessler, 3 Mass. L. Rptr. 457 (Mass. Super. Ct. 1995).published
- Andreucci v. Foresteire, 8 Mass. L. Rptr. 40 (Mass. Super. Ct. 1998).published
- Lane v. Mem'l Press, Inc., 11 Mass. L. Rptr. 468 (Mass. Super. Ct. 2000).published
- Planned Parenthood Fed'n v. Ctr. for Med. Progress, No. 20-16068 (9th Cir. Oct. 21, 2022).published
- James Blassingame v. Donald Trump, 87 F.4th 1 (D.C. Cir. 2023).published
- Moore v. Senate Majority PAC, No. 4:19-cv-01855 (N.D. Ala. Mar. 31, 2021).
- Longoria v. Kodiak Concepts LLC, 527 F. Supp. 3d 1085 (D. Ariz. 2021).published
- Brooks v. Thomson Reuters Corp., No. 3:21-cv-01418, 2021 WL 3621837 (N.D. Cal. Aug. 16, 2021).
- Anderson v. Colorado Mountain News Media, Co., No. 1:18-cv-02934 (D. Colo. Dec. 18, 2019).
- Lawrence v. Altice USA, No. 3:18-cv-01927 (D. Conn. Jan. 9, 2020).
- Mullane v. Breaking Media, Inc. et.al., 433 F. Supp. 3d 102 (D. Mass. 2020).published
- Allen v. Beirich, No. 1:18-cv-03781 (D. Md. Nov. 13, 2019).
- Anderson v. Holmes, No. 2:19-cv-11282 (E.D. Mich. June 1, 2021).
- Wealthy Inc. v. Cornelia, No. 2:21-cv-01173 (D. Nev. Sept. 29, 2023).
- Santoni v. Mueller, No. 3:20-cv-00975, 2022 WL 97049 (M.D. Tenn. Jan. 10, 2022).
- New Georgia Proj., Inc. v. Attorney Gen., State of Georgia, 106 F.4th 1237 (11th Cir. 2024).published
- Stafford, Ex Parte John Morgan v. The State of Texas, 726 S.W.3d 231 (Tex. Crim. App. 2024).published
- Ex Parte: John Morgan Stafford v. the State of Texas, No. 05-22-00396-CR (Tex. App. Sept. 5, 2024).published
- Smiledirectclub, Inc. v. NBCUniversal Media, LLC, 708 S.W.3d 556 (Tenn. Ct. App. 2024).published
- Free Speech Coalition, Inc. v. Rokita, 738 F. Supp. 3d 1041 (S.D. Ind. 2024).published
- Leon v. Hanoch, No. 2:24-cv-01060 (E.D. Pa. Aug. 2, 2024).
- Colborn v. Netflix Inc, 541 F. Supp. 3d 888 (E.D. Wis. 2021).published
- Colborn v. Netflix Inc, 661 F. Supp. 3d 838 (E.D. Wis. 2023).published
- Wealthy, Inc. v. John Mulvehill, No. 23-16132 (9th Cir. Feb. 25, 2026).unpublished
- Marie-Armel Theodat v. Boston Water & Sewer Comm'n, & Others[1], No. 2584CV02696-BLS2 (Mass. Super. Ct. June 9, 2026).published
- Jefferson Cnty. Sch. Dist. No. R-1 v. Moody's Inv.'s Servs., Inc., 175 F.3d 848 (10th Cir. 1999).published
- Fiacco v. Sigma Alpha Epsilon Fraternity, 528 F.3d 94 (1st Cir. 2008).published
- Ault v. Hustler Magazine, Inc., 860 F.2d 877 (9th Cir. 1988).published
- Suzuki Motor Corp. & Am. Suzuki Motor Corp. v. Consumers Union of United States, Inc., a Non-Profit New York Corp., 292 F.3d 1192 (9th Cir. 2002).published
- Suzuki Motor Corp. & Am. Suzuki Motor Corp. v. Consumers Union of United States, Inc., a Non-Profit New York Corp., 330 F.3d 1110 (9th Cir. 2003).published
- Granada Biosciences, Inc. v. Forbes, Inc., 49 S.W.3d 610 (Tex. App.—Houston [14th Dist.] 2001).published
- Fasi v. Gannett Co., Inc., 930 F. Supp. 1403 (D. Haw. 1995).published
- New Times, Inc. v. Isaacks, 146 S.W.3d 144 (Tex. 2004).published
- Fiacco v. Sigma Alpha Epsilon Fraternity, 484 F. Supp. 2d 158 (D. Me. 2007).published
- Steele v. Spokesman-Review, 61 P.3d 606 (Idaho 2002).published
- Celebrezze v. Dayton Newspapers, Inc., 535 N.E.2d 755 (Ohio Ct. App. 8th Dist. 1988).published
- Holloway v. Oxygen Media, LLC, 361 F. Supp. 3d 1213 (N.D. Ala. 2019).published
- Ronald Trombly v. Anthony Reeder, No. 365764 (Mich. Ct. App. Dec. 23, 2025).unpublished
- U.S. Healthcare, Inc. v. Blue Cross Of Greater Philadelphia, 898 F.2d 914 (3d Cir. 1990).published
- The Honorable Bob Barr v. William Jefferson Clinton, 370 F.3d 1196 (D.C. Cir. 2004).published
- U.S. Healthcare, Inc. v. Blue Cross of Greater Philadelphia, 898 F.2d 914 (3d Cir. 1990).published
At page 52 Balancing reputational harm and free speech in defamation claims37 citing casesFalse statements of fact are particularly valueless . . . .
- Alan Dershowitz v. Cable News Network, Inc., 153 F.4th 1189 (11th Cir. 2025).published L.F. 117, 123 (2020); see also Hustler Mag., Inc. v. Falwell, 485 U.S. 46, 56 (1988) (“For it is a central tenet of the First Amendment that the government must remain neutral in the marketplace of ideas.”).
- United States v. Alvarez, 567 U.S. 709 (2012).published (False statements of fact are particularly value- less)
- United States v. Strandlof, 667 F.3d 1146 (10th Cir. 2012).published (False statements of fact are particularly valueless . . . .)
- State v. Zarnke, 589 N.W.2d 370 (Wis. 1999).published ([A] rule that would impose strict liability on a publisher for false factual assertions would have an undoubted 'chilling' effect on speech. . .that does have constitutional value.)
- In the Matter Of: The Hon. Stephen O. Callaghan, Judge-Elect of the 28th Circuit, 796 S.E.2d 604 (W. Va. 2017).published “false statements of fact are particularly valueless; they interfere with the truth-seeking function of the marketplace of ideas, and they cause damage to an individual's reputation that cannot easily be repaired by coun…”
- Randall Brickey v. Robb Hall, 828 F.3d 298 (4th Cir. 2016).published “false statements of fact are particularly valueless; they interfere with the truth-seeking function of the marketplace of ideas, and they cause damage to an individual's reputation that cannot easily be repaired by coun…”
- United States v. Alvarez, 617 F.3d 1198 (9th Cir. 2010).published “false statements of fact are particularly valueless; they interfere with the truth-seeking function of the marketplace of ideas ....”
- Grasso v. Mottl, 2026 IL App (3d) 240717.publishedHustler Magazine, Inc. v. Falwell, 485 U.S. 46, 52 (1988); see St.
- Cora Colón v. Grupo Ferrer Rangel, 2026 TSPR 58 (2026).publishedLa consecuencia inevitable de tal exigencia es el indeseado efecto disuasivo (chilling effect) sobre la libertad de prensa, repetidamente prohibido por la Primera Enmienda de la Constitución federal, supra. Meléndez Vega v. El Vocero de PR…
- Mink v. Knox, 613 F.3d 995 (10th Cir. 2010).published
Show 27 more citing cases
- Shalit Barrett v. Atl. Monthly Grp. LLC, No. 2022-0049 (D.D.C. Sept. 9, 2024).published
- State v. Feist, 2008 ND 82.published
- Hofmann Co. v. E. I. Du Pont De Nemours & Co., 202 Cal. App. 3d 390 (Cal. Ct. App. 1988).published
- City of Ladue v. Gilleo, 512 U.S. 43 (1994).published
- Lino Celle & Radio Mindanao Network Usa, Inc. v. Filipino Reporter Enter. Inc. & Libertito Pelayo, 209 F.3d 163 (2d Cir. 2000).published
- C. Delores Tucker William Tucker, Her Husband v. Richard Fischbein Belinda Luscombe Newsweek Magazine Johnnie L. Roberts Time Inc. C. Delores Tucker William Tucker, 237 F.3d 275 (3d Cir. 2001).published
- City of Owosso v. Pouillon, 657 N.W.2d 538 (Mich. Ct. App. 2003).published
- Ireland v. Edwards, 584 N.W.2d 632 (Mich. Ct. App. 1998).published
- In Re Enron Corp. Sec., Derivative, 511 F. Supp. 2d 742 (S.D. Tex. 2005).published
- State v. Weidner, 2000 WI 52, 611 N.W.2d 684.published
- Bryant v. Cox Enter., Inc., 715 S.E.2d 458 (Ga. Ct. App. 2011).published
- State v. Carpenter, 171 P.3d 41 (Alaska 2007).published
- Kasky v. Nike, Inc., 45 P.3d 243 (Cal. 2003).published
- In RE:TAM en Banc, 808 F.3d 1321 (Fed. Cir. 2015).published
- Animal Legal Def. Fund v. Wasden, 878 F.3d 1184 (9th Cir. 2018).published
- Waseem Daker v. Homer Bryson, No. 17-11418, 2019 WL 3731424 (11th Cir. Aug. 8, 2019).unpublished
- Waseem Daker v. Theodore Jackson, 942 F.3d 1252 (11th Cir. 2019).published
- Kasky v. Nike, Inc., 45 P.3d 243 (Cal. 2002).published
- Kipper v. NYP Holdings Co., 912 N.E.2d 26 (N.Y. 2009).published
- Summit Bank v. Rogers, 206 Cal. App. 4th 669 (Cal. Ct. App. 2012).published
- State v. Allard, 813 A.2d 506 (N.H. 2002).published
- Kelly v. Grigsby, 67 Va. Cir. 153 (Loudoun Cir. Ct. 2005).published
- Peterson v. Burke, 433 F. Supp. 3d 212 (D. Ariz. 2020).published
- Peterson v. Burke, No. 2:20-cv-00106 (D. Ariz. Dec. 29, 2020).
- Powell v. Jones-Soderman, 433 F. Supp. 3d 353 (D. Conn. 2020).published
- State of Delaware v. B.P. Am. Inc., 578 F. Supp. 3d 618 (D. Del. 2022).published
- Barbash v. STX Fin., LLC, No. 1:20-cv-00123 (S.D.N.Y. Nov. 10, 2020).
At page 53 Protecting speech in public debate from ill motive27 citing casesdenying publication damages to a target of a scathing political cartoon even though “intent to cause injury is . . . the gravamen of the tort
- PETA v. Josh Stein, No. 20-1777 (4th Cir. Feb. 23, 2023).published Cantwell v. Connecticut, 310 U.S. 296 , 308-09 (1940) (reversing a breach-of-the- peace conviction under a generally applicable statute because the conviction was predicated on “the effect of [the speaker’s] communication upon his hearers”…
- PETA v. Josh Stein, No. 20-1807 (4th Cir. Feb. 23, 2023).published Cantwell v. Connecticut, 310 U.S. 296 , 308-09 (1940) (reversing a breach-of-the- peace conviction under a generally applicable statute because the conviction was predicated on “the effect of [the speaker’s] communication upon his hearers”…
- PETA v. NC Farm Bureau, 60 F.4th 815 (4th Cir. 2023).published Cantwell v. Connecticut, 310 U.S. 296 , 308-09 (1940) (reversing a breach-of-the- peace conviction under a generally applicable statute because the conviction was predicated on “the effect of [the speaker’s] communication upon his hearers”…
- Luis Mayorga v. Jim Benton d/b/a Vital Record Solutions, 875 S.E.2d 908 (Ga. Ct. App. 2022).published (Generally speaking the law does not regard the intent to inflict emotional distress as one which should receive much solicitude, and it is quite understandable that most if not all jurisdictions have chosen to make it…)
- United States v. Strandlof, 667 F.3d 1146 (10th Cir. 2012).published Co., 536 U.S. at 530–31 (“[F]alse statements are not immunized by the First Amendment right to freedom of speech . . . .” (quotation omitted)); Hustler Magazine, 485 U.S. at 52 (“False statements of fact are particularly valueless . . . .”…
- Bey v. Rasawehr (Slip Opinion), 2020-Ohio-3301, 161 N.E.3d 529.published “while a bad motive may be deemed controlling for purposes of tort liability in other areas of the law, we think the first amendment prohibits such a result in the area of public debate about public figures”
- Campbell v. Pa. Sch. Boards Ass'n, 336 F. Supp. 3d 482 (E.D. Pa. 2018).published “in the world of debate about public affairs, many things 499 done with motives that are less than admirable are protected by the first amendment.”
- State v. Ford, 2026-Ohio-3605.publishedFurthermore, “[s]uch speech is protected by the First Amendment even though the speaker or writer was motivated by hatred or ill-will.” Id., citing Hustler Magazine, Inc. v. Falwell, 485 U.S. 46, 53 (1988). {¶ 25} “The protections afforded…
- Snyder v. Phelps, 562 U.S. 443 (2011).published
- Morningstar, Inc. v. Superior Court, 23 Cal. App. 4th 676 (Cal. Ct. App. 1994).published
Show 16 more citing cases
- Flynn v. Wilson, 398 So. 3d 1103 (Fla. 2d DCA 2024).published
- Owens v. Okure, 488 U.S. 235 (1989).published
- BE&K Constr. Co. v. Nat'l Labor Relations Bd., 536 U.S. 516 (2002).published
- State Ex Rel. Suriano v. Gaughan, 480 S.E.2d 548 (W. Va. 1996).published
- Barber v. Perdue, 390 S.E.2d 234 (Ga. Ct. App. 1989).published
- Galloway v. State, 781 A.2d 851 (Md. 2001).published
- Solaia Tech., LLC v. Specialty Publ'g Co., 852 N.E.2d 825 (Ill. 2006).published
- Hadley v. Doe, 2014 IL App (2d) 130489.published
- The People v. Marquan M. / Cnty. of Albany, 19 N.E.3d 480 (N.Y. 2014).published
- Taylor Bell v. Itawamba Cnty. Sch. Bd., 774 F.3d 280 (5th Cir. 2014).published
- Taylor Bell v. Itawamba Cnty. Sch. Bd., No. 12-60264 (5th Cir. Dec. 16, 2014).published
- Gustav Buchholz v. Meyer Njus Tanick, PA, 946 F.3d 855 (6th Cir. 2020).published
- Posner v. Lewis, 965 N.E.2d 949 (N.Y. 2012).published
- Cheng v. Neumann, 51 F.4th 438 (1st Cir. 2022).published
- Sanchez-Sifonte v. Fonseca, No. 3:22-cv-01444 (D.P.R. Sept. 6, 2023).
- Clark v. Hanover Ins. Grp., Inc., No. 3:24-cv-00348 (D. Conn. July 22, 2025).
At page 55 Analyzing the subjective standard of outrageousness in speech23 citing casespermitting civil liability for "outrageous" social commentary invites viewpoint discrimination
- Snyder v. Phelps, 562 U.S. 443 (2011).published
- Texas v. Johnson, 491 U.S. 397 (1989).published
- United States v. Kokinda, 497 U.S. 720 (1990).published
- Simon & Schuster, Inc. v. Members of the New York State Crime Victims Bd., 502 U.S. 105 (1991).published
- Burson v. Freeman, 504 U.S. 191 (1992).published
- Forsyth Cnty. v. Nationalist Movement, 505 U.S. 123 (1992).published
- R. A. v. v. City of St. Paul, 505 U.S. 377 (1992).published
- Walter Hoye, Ii v. City of Oakland, 653 F.3d 835 (9th Cir. 2011).published
- Janette Hopper, & Sharon Rupp v. City of Pasco, & Arts Council of the Mid-Columbia Region, 241 F.3d 1067 (9th Cir. 2001).published
- Waters v. Churchill, 511 U.S. 661 (1994).published
Show 9 more citing cases
- Aguilar v. Avis Rent a Car Sys., Inc., 980 P.2d 846 (Cal. 1999).published
- State v. Mitchell, 485 N.W.2d 807 (Wis. 1992).published
- People v. Sanders, 696 N.E.2d 1144 (Ill. 1998).published
- Bible Believers v. Wayne Cnty., 805 F.3d 228 (6th Cir. 2015).published
- In Re: Erik Brunetti, 877 F.3d 1330 (Fed. Cir. 2017).published
- Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Comm'n, 584 U.S. 617 (2018).published
- Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Comm'n, No. 16-111 (U.S. June 13, 2018).published
- Iowa Supreme Court Attorney Disciplinary Bd. v. Reuben Andrew Neff, 5 N.W.3d 296 (Iowa 2024).published
- Meredith Logan Whitehurst v. Town of Sullivan's Island, 919 S.E.2d 402 (S.C. 2025).published
At page 51 Protecting free expression in political debate16 citing casesrecognizing the need to keep "individual expressions of ideas . . . free from ___________ governmentally imposed sanctions
- Alan Dershowitz v. Cable News Network, Inc., 153 F.4th 1189 (11th Cir. 2025).published L.F. 117, 123 (2020); see also Hustler Mag., Inc. v. Falwell, 485 U.S. 46, 56 (1988) (“For it is a central tenet of the First Amendment that the government must remain neutral in the marketplace of ideas.”).
- Cubin v. Gordon, No. 25-8021 (10th Cir. July 21, 2026).unpublishedAppellate Case: 25-8021 Document: 54-1 Date Filed: 07/21/2026 Page: 2 Amendment “encourage[s]”: he engaged in “political debate.” Hustler Mag., Inc. v. Falwell, 485 U.S. 46, 51 (1988).
- Acct. Now USA v. Griess, No. 2026-1385 (D.D.C. June 29, 2026).published“is bound to produce speech that is critical of those who hold public office”
- Am. Encore v. Fontes, 152 F.4th 1097 (9th Cir. 2025).publishedAs the Supreme Court stated in Hustler Mag., Inc. v. Falwell, 485 U.S. 46, 51 (1988) (citation omitted): The sort of robust political debate encouraged by the First Amendment is bound to produce speech that is critical of those who hold pu…
- Leask v. Robertson, 589 F. Supp. 3d 506 (D.S.C. 2022).published
- Riley v. Nat'l Fed'n of Blind of North Carolina, Inc., 487 U.S. 781 (1988).published
- Aids Action v. MBTA, No. 94-1116 (1st Cir. Nov. 9, 1994).published
- Knox v. Serv. Employees Int'l Union, Local 1000, 567 U.S. 298 (2012).published
- State v. Feist, 2008 ND 82.published
- Hofmann Co. v. E. I. Du Pont De Nemours & Co., 202 Cal. App. 3d 390 (Cal. Ct. App. 1988).published
Show 5 more citing cases
- Gilbert v. Nat'l Enquirer, Inc., 43 Cal. App. 4th 1135 (Cal. Ct. App. 1996).published
- D.C. v. R.R., 182 Cal. App. 4th 1190 (Cal. Ct. App. 2010).published
- Aids Action Comm. of Massachusetts, Inc. v. Massachusetts Bay Transp. Auth., 42 F.3d 1 (1st Cir. 1994).published
- Rodney Bradford v. State of Indiana (mem. dec.), No. 49A02-1512-CR-2294 (Ind. Ct. App. Sept. 28, 2016).published
- Cheairs v. City of Seattle, No. 2:21-cv-01343 (W.D. Wash. Apr. 24, 2024).
At page 57 Determining public figure status under first amendment law12 citing cases[A] law aimed at regulating businesses can be subject to First Amendment scrutiny even though it does not directly regulate speech.
- PETA v. Josh Stein, No. 20-1777 (4th Cir. Feb. 23, 2023).published ([A] law aimed at regulating businesses can be subject to First Amendment scrutiny even though it does not directly regulate speech.)
- PETA v. Josh Stein, No. 20-1807 (4th Cir. Feb. 23, 2023).published ([A] law aimed at regulating businesses can be subject to First Amendment scrutiny even though it does not directly regulate speech.)
- PETA v. NC Farm Bureau, 60 F.4th 815 (4th Cir. 2023).published ([A] law aimed at regulating businesses can be subject to First Amendment scrutiny even though it does not directly regulate speech.)
- Corso Ventures, L.L.C. v. Paye, 2023-Ohio-127, 206 N.E.3d 106.published ([s]peech that 'could not reasonably have been interpreted as stating actual facts' is a parody, even if 'patently offensive')
- Colborn v. Netflix Inc, 541 F. Supp. 3d 888 (E.D. Wis. 2021).published
- Gallagher v. Connell, 123 Cal. App. 4th 1260 (Cal. Ct. App. 2004).published
- Krinsky v. Doe 6, 159 Cal. App. 4th 1154 (Cal. Ct. App. 2008).published
- Scholz v. Delp, 41 N.E.3d 38 (Mass. 2015).published
- Serova v. Sony Music Ent., 515 P.3d 1 (Cal. 2022).published
- McCollum v. Baldwin, 688 F. Supp. 3d 117 (S.D.N.Y. 2023).published
Show 2 more citing cases
- Power of Fives LLC v. B&R Enter. Inc., et al., No. 2:22-cv-00722 (D. Ariz. July 22, 2026).
- Democracy Partners, LLC v. James O'Keefe, No. 25-7080 (D.C. Cir. Aug. 21, 2026).published
At page 48 Analyzing parody advertisement under first amendment protections6 citing casesexplaining that the respondent originally filed a diversity action in district court
- Mink v. Knox, 613 F.3d 995 (10th Cir. 2010).published
- Daniel Brewington v. State of Indiana, 7 N.E.3d 946 (Ind. 2014).published
- Anne Arundel Cnty., Maryland v. BP P.L.C., No. 1:21-cv-01323 (D. Md. Sept. 29, 2022).
- City of Annapolis, Maryland v. BP P.L.C., No. 1:21-cv-00772 (D. Md. Sept. 29, 2022).
- City of Hoboken v. Exxon Mobil Corp., 558 F. Supp. 3d 191 (D.N.J. 2021).published
- Steele v. Goodman, No. 3:21-cv-00573 (E.D. Va. Sept. 15, 2022).
108 S. Ct. at 880 Describing the nature of satirical and injurious speech5 citing casesthere is no “strict liability” for false factual assertions by a publisher, because such a rule “would have an undoubted ‘chilling’ effect on speech relating to public figures that does have constitutional value”; therefore, “ ‘[flreedoms of expression require “breathing space,”’” quoting Hepps, 47…
- Liqui-Box Corp. v. Stein, 648 N.E.2d 904 (Ohio Ct. App. 10th Dist. 1994).published
- Solaia Tech., LLC v. Specialty Publ'g Co., 852 N.E.2d 825 (Ill. 2006).published
- Hancock v. Thalacker, 933 F. Supp. 1449 (N.D. Iowa 1996).published
- Ivonne Leija v. Sky Props., LLC & Harry Liu D/B/A Pinwheels Child.'s Ctr., No. 01-13-00019-CV (Tex. App.—Houston [1st Dist.] Oct. 10, 2013).published
- Solaia Tech. v. Specialty Publ'g, No. 100555 Rel (Ill. June 22, 2006).published
At page 47 Defining protected speech by nationally known commentators5 citing casesparody in a national magazine
- Preston Damsky v. Chris Summerlin, No. 25-14171 (11th Cir. Jan. 9, 2026).unpublished See, e.g., Schenck v. Pro-Choice Network of Western N.Y., 519 U.S. 357, 377 (1997) (recognizing that “commenting on matters of public concern” is a “classic form{] of speech that lie[s] at the heart of the First Amendment”); McIntyre v. Oh…
- Lamparello v. Falwell, No. 04-2011 (4th Cir. Aug. 24, 2005).published
- John Doe v. Univ. of Dayton, No. 18-3339 (6th Cir. Mar. 15, 2019).unpublished
- United States v. Dennis Sryniawski, 48 F.4th 583 (8th Cir. 2022).published
- United States v. Dennis, 132 F.4th 214 (2d Cir. 2025).published
At page 54 Analyzing the nature and role of political satire5 citing casesThe appeal of the political cartoon or caricature is often based on exploitation of unfortunate physical traits or politically embarrassing events—an exploitation often calculated to injure the feelings of the subject of the portrayal.
- Moore v. Cohen, 548 F. Supp. 3d 330 (S.D.N.Y. 2021).published (The appeal of the political cartoon or caricature is often based on exploitation of unfortunate physical traits or politically embarrassing events—an exploitation often calculated to injure the feelings of the subject…)
- In Re Complaint of Jud. Misconduct, 632 F.3d 1289 (9th Cir. 2011).published (Despite [its] sometimes caustic nature, [humor] . . . ha[s] played a promi- nent role in public and political debate[, and] . . . . our politi- cal discourse would have been considerably poorer without [it].)
- Frye v. Kansas City Missouri Police Dep't, 375 F.3d 785 (8th Cir. 2004).published
- Bailey v. Iles, 78 F.4th 801 (5th Cir. 2023).published
- Bailey v. Iles, 87 F.4th 275 (5th Cir. 2023).published
99 L. Ed. 2d at 49 Applying first amendment protections to emotional distress claims3 citing cases
- David Price v. Viking Penguin, Inc. & Peter Matthiessen, William Styron, Kurt Vonnegut, John Irving, Alfred Kazin & Susan Sontag, Amicus Curiae, 881 F.2d 1426 (8th Cir. 1989).published
- Hall v. Post, 372 S.E.2d 711 (N.C. 1988).published
- Casso v. Brand, 776 S.W.2d 551 (Tex. 1989).published
False statements of fact are particularly valueless; they interfere with the truth-seeking function of the marketplace of ideas, and they cause damage to an individual’s reputation that cannot easily be repaired by counterspeech, however persuasive or effective
- In the Matter Of: The Hon. Stephen O. Callaghan, Judge-Elect of the 28th Circuit, 796 S.E.2d 604 (W. Va. 2017).published (False statements of fact are particularly valueless; they interfere with the truth-seeking function of the marketplace of ideas, and they cause damage to an individual’s reputation that cannot easily be repaired by cou…)
- Randall Brickey v. Robb Hall, 828 F.3d 298 (4th Cir. 2016).published (False statements of fact are particularly valueless; they interfere with the truth-seeking function of the marketplace of ideas, and they cause damage to an individual’s reputation that cannot easily be repaired by cou…)
- United States v. Alvarez, 617 F.3d 1198 (9th Cir. 2010).published (False statements of fact are particularly valueless; they interfere with the truth-seeking function of the marketplace of ideas ....)
public figures .., may not recover for the tort of intentional infliction of emotional distress by reason of publications ... without showing in addition that the publication contains a false statement of fact which was made with ‘actual malice’
- F.R.Y. v. Lee, 2013 COA 100, 408 P.3d 843.published (public figures .., may not recover for the tort of intentional infliction of emotional distress by reason of publications ... without showing in addition that the publication contains a false statement of fact which wa…)
- Melvin D. Reuber v. Food Chem. News, Inc. & Litton Indus., Inc. Litton Bionetics, Inc. Vincent T. Devita, Jr., Nat'l Cancer Inst., Nat'l Inst. of Health Richard Adamson, Nat'l Cancer Inst., Nat'l Inst. of Health William v. Hartwell, Nat'l Cancer Inst., Nat'l Inst. of Health William Payne, Frederick Cancer Rsch. Ctr. Michael G. Hanna, Jr., Frederick Cancer Rsch. Ctr. James C. Nance, Litton Bionetics, Inc. I.J. Fidler, Frederick Cancer Rsch. Ctr. United States of Am. U.S. Dep't of Health & Human Servs. Env't Prot. Agency, the Newsletter Ass'n Maryland-Delaware-Dist. of Columbia Press Ass'n Nat'l Ass'n of Broadcasters the Radio-Television News Directors Ass'n the Reporters Comm. for Freedom of the Press Washington Merry-Go-Round, Inc. The Washington Post, Amici Curiae. Melvin D. Reuber v. Litton Indus., Inc. Litton Bionetics, Inc. Vincent T. Devita, Jr., Nat'l Cancer Inst., Nat'l Inst. of Health Richard Adamson, Nat'l Cancer Inst., Nat'l Inst. of Health William v. Hartwell, Nat'l Cancer Inst., Nat'l Inst. of Health William Payne, Frederick Cancer Rsch. Ctr. Michael G. Hanna, Jr., Frederick Cancer Rsch. Ctr. James C. Nance, Litton Bionetics, Inc. I.J. Fidler, Frederick Cancer Rsch. Ctr. U.S. Dep't of Health & Human Servs. Env't Prot. Agency, & United States of Am. Food Chem. News, Inc., the Newsletter Ass'n Maryland-Delaware-Dist. of Columbia Press Ass'n Nat'l Ass'n of Broadcasters the Radio-Television News Directors Ass'n the Reporters Comm. for Freedom of the Press Washington Merry-Go-Round, Inc. The Washington Post, Amici Curiae. Melvin D. Reuber v. Litton Indus., Inc. Litton Bionetics, Inc. Michael G. Hanna, Jr., Frederick Cancer Rsch. Ctr. James C. Nance, Litton Bionetics, Inc. I.J. Fidler, Frederick Cancer Rsch. Ctr., & Vincent T. Devita, Jr., Nat'l Cancer Inst., Nat'l Inst. of Health Richard Adamson, Nat'l Cancer Inst., Nat'l Inst. of Health William v. Hartwell, Nat'l Cancer Inst., Nat'l Inst. of Health William Payne, Frederick Cancer Rsch. Ctr. United States of Am. U.S. Dep't of Health & Human Servs. Env't Prot. Agency Food Chem. News, Inc., the Newsletter Ass'n Maryland-Delaware-Dist. of Columbia Press Ass'n Nat'l Ass'n of Broadcasters the Radio-Television News Directors Ass'n the Reporters Comm. for Freedom of the Press Washington Merry-Go-Round, Inc. The Washington Post, Amici Curiae, 899 F.2d 271 (4th Cir. 1990).published (public figures ... may not recover for the tort of intentional infliction of emotional distress ... without showing in addition that the publication contains a false statement of fact which was made with 'actual malice…)
- Reuber v. Food Chem. News, Inc., 899 F.2d 271 (4th Cir. 1990).published (public figures ... may not recover for the tort of intentional infliction of emotional distress ... without showing in addition that the publication contains a false statement of fact which was made with 'actual malice…)
This provides assurance that public debate will not suffer for lack of 'imaginative expression' or the 'rhetorical hyperbole' which has traditionally added much to the discourse of our Nation.
- Walpole v. Charleston Cnty., No. 5691 (S.C. Ct. App. Nov. 6, 2019).published (This provides assurance that public debate will not suffer for lack of 'imaginative expression' or the 'rhetorical hyperbole' which has traditionally added much to the discourse of our Nation.)
“this provides assurance that public debate will not suffer for lack of 'imaginative expression' or the 'rhetorical hyperbole' which has traditionally added much to the discourse of our nation.”
- Walpole v. Charleston Cnty., No. 5691 (S.C. Ct. App. Nov. 6, 2019).published “this provides assurance that public debate will not suffer for lack of 'imaginative expression' or the 'rhetorical hyperbole' which has traditionally added much to the discourse of our nation.”
Other citing cases
- Cain v. Hearst Corp., 878 S.W.2d 577 (Tex. 1994).published
- Diamond Shamrock Refining & Mktg. Co. v. Mendez, 844 S.W.2d 198 (Tex. 1992).published
- Boehner, John A. v. McDermott, James A., 484 F.3d 573 (D.C. Cir. 2007).published
- Upchurch v. New York Times Co., 431 S.E.2d 558 (S.C. 1993).published
- Ward v. Zelikovsky, 623 A.2d 285 (N.J. Super. Ct. App. Div. 1993).published
v.
FALWELL
Lead Opinion
delivered the opinion of the Court.
Petitioner Hustler Magazine, Inc., is a magazine of nationwide circulation. Respondent Jerry Falwell, a nationally known minister who has been active as a commentator on politics and public affairs, sued petitioner and its publisher, petitioner Larry Flynt, to recover damages for invasion of[*48] privacy, libel, and intentional infliction of emotional distress. The District Court directed a verdict against respondent on the privacy claim, and submitted the other two claims to a jury. The jury found for petitioners on the defamation claim, but found for respondent on the claim for intentional infliction of emotional distress and awarded damages. We now consider whether this award is consistent with the First and Fourteenth Amendments- of the United States Constitution.
The inside front cover of the November 1983 issue of Hustler Magazine featured a “parody” of an advertisement for Campari Liqueur that contained the name and picture of respondent and was entitled “Jerry Falwell talks about his first time.” This parody was modeled after actual Campari ads that included interviews with various celebrities about their “first times.” Although it was apparent by the end of each interview that this meant the first time they sampled Campari, the ads clearly played on the sexual double entendre of the general subject of “first times.” Copying the form and layout of these Campari ads, Hustler’s editors chose respondent as the featured celebrity and drafted an alleged “interview” with him in which he states that his “first time” was during a drunken incestuous rendezvous with his mother in an outhouse. The Hustler parody portrays respondent and his mother as drunk and immoral, and suggests that respondent is a hypocrite who preaches only when he is drunk. In small print at the bottom of the page, the ad contains the disclaimer, “ad parody — not to be taken seriously.” The magazine’s table of contents also lists the ad as “Fiction; Ad and Personality Parody.”
Soon after the November issue of Hustler became available to the public, respondent brought this diversity action in the United States District Court for the Western District of Virginia against Hustler Magazine, Inc., Larry C. Flynt, and Flynt Distributing Co., Inc. Respondent stated in his complaint that publication of the ad parody in Hustler entitled[*49] him to recover damages for libel, invasion of privacy, and intentional infliction of emotional distress. The case proceeded to trial.[1] At the close of the evidence, the District Court granted a directed verdict for petitioners on the invasion of privacy claim. The jury then found against respondent on the libel claim, specifically finding that the ad parody could not “reasonably be understood as describing actual facts about [respondent] or actual events in which [he] participated.” App. to Pet. for Cert. Cl. The jury ruled for respondent on the intentional infliction of emotional distress claim, however, and stated that he should be awarded $100,000 in compensatory damages, as well as $50,000 each in punitive damages from petitioners.[2] Petitioners’ motion for judgment notwithstanding the verdict was denied.
On appeal, the United States Court of Appeals for the Fourth Circuit affirmed the judgment against petitioners. Falwell v. Flynt, 797 F. 2d 1270 (1986). The court rejected petitioners’ argument that the “actual malice” standard of New York Times Co. v. Sullivan, 376 U. S. 254 (1964), must be met before respondent can recover for emotional distress. The court agreed that because respondent is concededly a public figure, petitioners are “entitled to the same level of first amendment protection in the claim for intentional infliction of emotional distress that they received in [respondent’s] claim for libel.” 797 F. 2d, at 1274. But this does not mean that a literal application of the actual malice rule is appropriate in the context of an emotional distress claim. In the court’s view, the New York Times decision emphasized the constitutional importance not of the falsity of the statement or the defendant’s disregard for the truth, but of the heightened level of culpability embodied in the requirement of “knowing ... or reckless” conduct. Here, the New York [*50] Times standard is satisfied by the state-law requirement, and the jury’s finding, that the defendants have acted intentionally or recklessly.[3] The Court of Appeals then went on to reject the contention that because the jury found that the ad parody did not describe actual facts about respondent, the ad was an opinion that is protected by the First Amendment. As the court put it, this was “irrelevant,” as the issue is “whether [the ad’s] publication was sufficiently outrageous to constitute intentional infliction of emotional distress.” Id., at 1276.[4] Petitioners then filed a petition for rehearing en banc, but this was denied by a divided court. Given the importance of the constitutional issues involved, we granted certiorari. 480 U. S. 945 (1987).
This case presents us with a novel question involving First Amendment limitations upon a State’s authority to protect its citizens from the intentional infliction of emotional distress. We must decide whether a public figure may recover damages for emotional harm caused by the publication of an ad parody offensive to him, and doubtless gross and repugnant in the eyes of most. Respondent would have us find that a State’s interest in protecting public figures from emotional distress is sufficient to deny First Amendment protection to speech that is patently offensive and is intended to inflict emotional injury, even when that speech could not reasonably have been interpreted as stating actual facts about the public figure involved. This we decline to do.
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. “[T]he[*51] freedom to speak one’s mind is not only an aspect of individual liberty — and thus a good unto itself — but also is essential to the common quest for truth and the vitality of society as a whole.” Bose Corp. v. Consumers Union of United States, Inc., 466 U. S. 485, 503-504 (1984). We have therefore been particularly vigilant to ensure that individual expressions of ideas remain free from governmentally imposed sanctions. The First Amendment recognizes no such thing as a “false” idea. Gertz v. Robert Welch, Inc., 418 U. S. 323, 339 (1974). As Justice Holmes wrote, “when men have realized that time has upset many fighting faiths, they may come to believe even more than they believe the very foundations of their own conduct that the ultimate good desired is better reached by free trade in ideas — that the best test of truth is the power of the thought to get itself accepted in the competition of the market . . . .” Abrams v. United States, 250 U. S. 616, 630 (1919) (dissenting opinion).
The sort of robust political debate encouraged by the First Amendment is bound to produce speech that is critical of those who hold public office or those public figures who are “intimately involved in the resolution of important public questions or, by reason of their fame, shape events in areas of concern to society at large.” Associated Press v. Walker, decided with Curtis Publishing Co. v. Butts, 388 U. S. 130, 164 (1967) (Warren, C. J., concurring in result). Justice Frankfurter put it succinctly in Baumgartner v. United States, 322 U. S. 665, 673-674 (1944), when he said that “[o]ne of the prerogatives of American citizenship is the fight to criticize public men and measures.” Such criticism, inevitably, will not always be reasoned or moderate; public figures as well as public officials will be subject to “vehement, caustic, and sometimes unpleasantly sharp attacks,” New York Times, supra, at 270. “[T]he candidate who vaunts his spotless record and sterling integrity cannot convincingly cry ‘Foul!’ when an opponent or an industrious reporter attempts[*52] to demonstrate the contrary.” Monitor Patriot Co. v. Roy, 401 U. S. 265, 274 (1971).
Of course, this does not mean that any speech about a public figure is immune from sanction in the form of damages. Since New York Times Co. v. Sullivan, 376 U. S. 254 (1964), we have consistently ruled that a public figure may hold a speaker liable for the damage to reputation caused by publication of a defamatory falsehood, but only if the statement was made “with knowledge that it was false or with reckless disregard of whether it was false or not.” Id., at 279-280. False statements of fact are particularly valueless; they interfere with the truth-seeking function of the marketplace of ideas, and they cause damage to an individual’s reputation that cannot easily be repaired by counterspeech, however persuasive or effective. See Gertz, 418 U. S., at 340, 344, n. 9. But even though falsehoods have little value in and of themselves, they are “nevertheless inevitable in free debate,” id., at 340, and a rule that would impose strict liability on a publisher for false factual assertions would have an undoubted “chilling” effect on speech relating to public figures that does have constitutional value. “Freedoms of expression require “‘breathing space.’” Philadelphia Newspapers, Inc. v. Hepps, 475 U. S. 767, 772 (1986) (quoting New York Times, supra, at 272). This breathing space is provided by a constitutional rule that allows public figures to recover for libel or defamation only when they can prove both that the statement was false and that the statement was made with the requisite level of culpability.
Respondent argues, however, that a different standard should apply in this case because here the State seeks to prevent not reputational damage, but the severe emotional distress suffered by the person who is the subject of an offensive publication. Cf. Zacchini v. Scripps-Howard Broadcasting Co., 433 U. S. 562 (1977) (ruling that the “actual malice” standard does not apply to the tort of appropriation of a right of publicity). In respondent’s view, and in the view of the[*53] Court of Appeals, so long as the utterance was intended to inflict emotional distress, was outrageous, and did in fact inflict serious emotional distress, it is of no constitutional import whether the statement was a fact or an opinion, or whether it was true or false. It is the intent to cause injury that is the gravamen of the tort, and the State’s interest in preventing emotional harm simply outweighs whatever interest a speaker may have in speech of this type.
Generally speaking the law does not regard the intent to inflict emotional distress as one which should receive much solicitude, and it is quite understandable that most if not all jurisdictions have chosen to make it civilly culpable where the conduct in question is sufficiently “outrageous.” But in the world of debate about public affairs, many things done with motives that are less than admirable are protected by the First Amendment. In Garrison v. Louisiana, 379 U. S. 64 (1964), we held that even when a speaker or writer is motivated by hatred or ill will his expression was protected by the First Amendment:
“Debate on public issues will not be uninhibited if the speaker must run the risk that it will be proved in court that he spoke out of hatred; even if he did speak out of hatred, utterances honestly believed contribute to the free interchange of ideas and the ascertainment of truth.” Id., at 73.
Thus while such a bad motive may be deemed controlling for purposes of tort liability in other areas of the law, we think the First Amendment prohibits such a result in the area of public debate about public figures.
Were we to hold otherwise, there can be little doubt that political cartoonists and satirists would be subjected to damages awards without any showing that their work falsely defamed its subject. Webster’s defines a caricature as “the deliberately distorted picturing or imitating of a person, literary style, etc. by exaggerating features or mannerisms for satirical effect.” Webster’s New Unabridged Twentieth[*54] Century Dictionary of the English Language 275 (2d ed. 1979). The appeal of the political cartoon or caricature is often based on exploitation of unfortunate physical traits or politically embarrassing events — an exploitation often calculated to injure the feelings of the subject of the portrayal. The art of the cartoonist is often not reasoned or evenhanded, but slashing and one-sided. One cartoonist expressed the nature of the art in these words:
“The political cartoon is a weapon of attack, of scorn and ridicule and satire; it is least effective when it tries to pat some politician on the back. It is usually as welcome as a bee sting and is always controversial in some quarters.” Long, The Political Cartoon: Journalism’s Strongest Weapon, The Quill 56, 57 (Nov. 1962).
Several famous examples of this type of intentionally injurious speech were drawn by Thomas Nast, probably the greatest American cartoonist to date, who was associated for many years during the post-Civil War era with Harper’s Weekly. In the pages of that publication Nast conducted a graphic vendetta against William M. “Boss” Tweed and his corrupt associates in New York City’s “Tweed Ring.” It has been described by one historian of the subject as “a sustained attack which in its passion and effectiveness stands alone in the history of American graphic art.” M. Keller, The Art and Politics of Thomas Nast 177 (1968). Another writer explains that the success of the Nast cartoon was achieved “because of the emotional impact of its presentation. It continuously goes beyond the bounds of good taste and conventional manners.” C. Press, The Political Cartoon 251 (1981).
Despite their sometimes caustic nature, from the early cartoon portraying George Washington as an ass down to the present day, graphic depictions and satirical cartoons have played a prominent role in public and political debate. Nast’s castigation of the Tweed Ring, Walt McDougall’s characterization of Presidential candidate James G. Blaine’s banquet with the millionaires at Delmonico’s as “The Royal[*55] Feast of Belshazzar,” and numerous other efforts have undoubtedly had an effect on the course and outcome of contemporaneous debate. Lincoln’s tall, gangling posture, Teddy Roosevelt’s glasses and teeth, and Franklin D. Roosevelt’s jutting jaw and cigarette holder have been memorialized by political cartoons with an effect that could not have been obtained by the photographer or the portrait artist. From the viewpoint of history it is clear that our political discourse would have been considerably poorer without them.
Respondent contends, however, that the caricature in question here was so “outrageous” as to distinguish it from more traditional political cartoons. There is no doubt that the caricature of respondent and his mother published in Hustler is at best a distant cousin of the political cartoons described above, and a rather poor relation at that. If it were possible by laying down a principled standard to separate the one from the other, public discourse would probably suffer little or no harm. But we doubt that there is any such standard, and we are quite sure that the pejorative description “outrageous” does not supply one. “Outrageousness” in the area of political and social discourse has an inherent subjectiveness about it which would allow a jury to impose liability on the basis of the jurors’ tastes or views, or perhaps on the basis of their dislike of a particular expression. An “outrageousness” standard thus runs afoul of our longstanding refusal to allow damages to be awarded because the speech in question may have an adverse emotional impact on the audience. See NAACP v. Claiborne Hardware Co., 458 U. S. 886, 910 (1982) (“Speech does not lose its protected character . . . simply because it may embarrass others or coerce them into action”). And, as we stated in FCC v. Pacifica Foundation, 438 U. S. 726 (1978):
“[T]he fact that society may find speech offensive is not a sufficient reason for suppressing it. Indeed, if it is the speaker’s opinion that gives offense, that consequence is a reason for according it constitutional protection.[*56] For it is a central tenet of the First Amendment that the government must remain neutral in the marketplace of ideas.” Id., at 745-746.
See also Street v. New York, 394 U. S. 576, 592 (1969) (“It is firmly settled that . . . the public expression of ideas may not be prohibited merely because the ideas are themselves offensive to some of their hearers”).
Admittedly, these oft-repeated First Amendment principles, like other principles, are subject to limitations. We recognized in Pacifica Foundation, that speech that is “ ‘vulgar,’ ‘offensive,’ and ‘shocking’” is “not entitled to absolute constitutional protection under all circumstances. ” 438 U. S., at 747. In Chaplinsky v. New Hampshire, 315 U. S. 568 (1942), we held that a State could lawfully punish an individual for the use of insulting “‘fighting’ words — those which by their very utterance inflict injury or tend to incite an immediate breach of the peace.” Id., at 571-572. These limitations are but recognition of the observation in Dun & Bradstreet, Inc. v. Greenmoss Builders, Inc., 472 U. S. 749, 758 (1985), that this Court has “long recognized that not all speech is of equal First Amendment importance.” But the sort of expression involved in this case does not seem to us to be governed by any exception to the general First Amendment principles stated above.
We conclude that public figures and public officials may not recover for the tort of intentional infliction of emotional distress by reason of publications such as the one here at issue without showing in addition that the publication contains a false statement of fact which was made with “actual malice,” i. e., with knowledge that the statement was false or with reckless disregard as to whether or not it was true. This is not' merely a “blind application” of the New York Times standard, see Time, Inc. v. Hill, 385 U. S. 374, 390 (1967), it reflects our considered judgment that such a standard is necessary to give adequate “breathing space” to the freedoms protected by the First Amendment.
[*57] Here it is clear that respondent Falwell is a “public figure” for purposes of First Amendment law.[5] The jury found against respondent on his libel claim when it decided that the Hustler ad parody could not “reasonably be understood as describing actual facts about [respondent] or actual events in which [he] participated.” App. to Pet. for Cert. Cl. The Court of Appeals interpreted the jury’s finding to be that the ad parody “was not reasonably believable,” 797 F. 2d, at 1278, and in accordance with our custom we accept this finding. Respondent is thus relegated to his claim for damages awarded by the jury for the intentional infliction of emotional distress by “outrageous” conduct. 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. The judgment of the Court of Appeals is accordingly
Reversed.
Justice Kennedy took no part in the consideration or decision of this case.While the case was pending, the ad parody was published in Hustler Magazine a second time.
The jury found no liability on the part of Flynt Distributing Co., Inc. It is consequently not a party to this appeal.
Under Virginia law, in an action for intentional infliction of emotional distress a plaintiff must show that the defendant’s conduct (1) is intentional or reckless; (2) offends generally accepted standards of decency or morality; (3) is causally connected with the plaintiff’s emotional distress; and (4) caused emotional distress that was severe. 797 F. 2d, at 1275, n. 4 (citing Womack v. Eldridge, 215 Va. 338, 210 S. E. 2d 145 (1974)).
The court below also rejected several other contentions that petitioners do not raise in this appeal.
Neither party disputes this conclusion. Respondent is the host of a nationally syndicated television show and was the founder and president of a political organization formerly known as the Moral Majority. He is also the founder of Liberty University in Lynchburg, Virginia, and is the author of several books and publications. Who’s Who in America 849 (44th ed. 1986-1987).
Concurrence
concurring in the judgment.
As I see it, the decision in New York Times Co. v. Sullivan, 376 U. S. 254 (1964), has little to do with this case, for here the jury found that the ad contained no assertion of fact. But I agree with the Court that the judgment below, which penalized the publication of the parody, cannot be squared with the First Amendment.