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Loading... Jerry Falwell v. Larry Flynt : The First Amendment on Trialby Rodney A. Smolla
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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.--From publisher description. No library descriptions found. |
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Google Books — Loading... GenresMelvil Decimal System (DDC)345.73Social sciences Law Criminal Law North America United StatesLC ClassificationRatingAverage:
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Smolla, a professor of Constitutional Law at the College of William and Mary, has written a fascinating account of the case, which raised all sorts of fundamental freedom of speech and freedom of religion issues. The book is delightfully entertaining, while presenting a clear and concise accounting of the case and some background on the evangelical movement with biographical sketches of the main players.
The Supreme Court decided, in a unanimous decision that Flynt, had every right to make a fool out of Jerry Falwell (and himself.)
The best comment I read about the case came from a book by Lewis Grizzard [b:Don't Bend Over in the Garden, Granny, You Know Them Taters Got Eyes|573504|Don't Bend Over in the Garden, Granny, You Know Them Taters Got Eyes|Lewis Grizzard|http://photo.goodreads.com/books/1175908057s/573504.jpg|1363301]. It's too good not to quote:
"Who do yo pull for in something like that. It's like picking a favorite between cancer or heart attack, fat or ugly, Iraq or Iran.
It took me about three seconds to decide who I was for: Flynt.
Her's why: Give the book burners one little victory like Falwell over Flynt and those people can get red-eyed with determination to see everything but the Bible, Reader's Digest and Guns and Ammo flushed down the toilet. You've seen people like that. They have beady little eyes, the men wear Bermuda shorts and eat a lot of prunes and the women have mustaches and dowager's humps. They tend to speak partially through their noses.
They not only want to censor books and magazines, they would do away with anything that is fun, such as doing it with the lights on and drinking in the daytime.
These people have no sense of humor, keep plastic over their living room furniture, like Bob Barker, send money to television evangelists, buy velvet paintings of Jesus and/or bullfighters from people selling along the edge of the road, don;t like dogs, are pale, are still wearing polyester and haven't had a decent bowel movement in twenty years.
S.J. Perelman referred to such individuals as 'damp people.' I could add to that by saying they are the mushrooms of the human race.
Let them have a say in what we can read or watch or do and pretty soon, the rest of us will be just as bored as they are." ( )