One of the most prolific landmark cases in privacy law regarding public and private figures
One of the most prolific landmark cases in privacy law regarding public and private figures ironically involved Hustler Magazine, where almost nothing is private. Review the following advertisement which ran in an edition of Hustler magazine and then read the case brief for Hustler v. Fallwell.
Sample Answer
The case of Hustler Magazine, Inc. v. Falwell, 485 U.S. 46 (1988), is indeed a landmark in First Amendment jurisprudence, particularly regarding the rights of public figures and the tort of intentional infliction of emotional distress. It’s quite ironic, as you point out, that a magazine known for its explicit content became central to defining the boundaries of free speech, even when that speech is offensive.
Let’s break down the advertisement and the case:
The Advertisement
The controversial advertisement ran in the November 1983 issue of Hustler Magazine. It was a “parody” of a popular advertising campaign for Campari Liqueur. The original Campari ads featured celebrities discussing their “first time” drinking Campari, often with a deliberate double entendre implying their “first time” having sex.