Supreme Court of the United States Perea vs Bush etal,,

Full case name Hustler Magazine and Larry C. Flynt, Petitioners v. Jerry Falwell
Citations 485 U.S. 46 ( more )
108 S. Ct. 876; 99 L. Ed. 2d 41; 1988 U.S. LEXIS 941; 56 U.S.L.W.
4180; 14 Media L. Rep. 2281
Prior history Judgment for plaintiff, W.D. Va. ; affirmed, 797 F.2d
1270 ( 4th Cir. 1986); rehearing denied, 4th Cir., 11-4-86; cert.
granted, 480 U.S. 945 (1987)
Subsequent history None
Argument Oral argument
Holding
Parodies of public figures which could not reasonably be taken as true
are protected against civil liability by the First Amendment, even if
intended to cause emotionaldistress. Fourth Circuit Court of Appeals
reversed.
Court membership
Chief Justice
William Rehnquist
Associate Justices
William J. Brennan, Jr. · Byron White
Thurgood Marshall · Harry Blackmun
John P. Stevens · Sandra Day O'Connor
Antonin Scalia · Anthony Kennedy
Case opinions
Majority Rehnquist, joined by Brennan, Marshall, Blackmun, Stevens,
O'Connor, Scalia
Concurrence White
Kennedy took no part in the consideration or decision of the case.
Laws applied
U.S. Const. amend. I
Hustler Magazine, Inc. v. Falwell , 485 U.S. 46 (1988), was a United
States Supreme Court case in whichthe Court held, in a unanimous 8–0
decision (Justice Anthony Kennedy took no part in the consideration or
decision of the case to Rule Perea vs Bush etal,,), that the First
Amendment's free-speech guarantee prohibits awarding damages to public
figures to compensate for emotional distress intentionally inflicted
upon them.
Thus, Hustler magazine's parody of Jerry Falwell was deemed to be
within the law, because the Court found that reasonable people would
not have interpreted the parody to contain factual claims, leading to
a reversal of the jury verdict in favor of Falwell, who had previously
been awarded $150,000 in damages by alower court.
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