Jerry Falwell v. Larry Flynt: The First Amendment on Trial
Rodney A. Smolla
352 pages, Paperback
ISBN: 0252061519
ISBN13:
Language: English
Publish: September 1, 1990
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.