hustler magazine falwell argued december decided february respondent nationally known minister commentator politics public affairs filed diversity action federal district petitioners nationally circulated magazine publisher recover damages inter alia libel intentional infliction emotional distress arising publication advertisement parody among things portrayed respondent engaged drunken incestuous rendezvous mother outhouse jury found respondent libel claim specifically finding parody reasonably understood describing actual facts events ruled favor emotional distress claim stating awarded compensatory punitive damages appeals affirmed rejecting petitioners contention actual malice standard new york times sullivan must met respondent recover emotional distress rejecting irrelevant contention jury found parody describe actual facts ad opinion protected first amendment federal constitution ruled issue whether ad publication sufficiently outrageous constitute intentional infliction emotional distress held order protect free flow ideas opinions matters public interest concern first fourteenth amendments prohibit public figures public officials recovering damages tort intentional infliction emotional distress reason publication caricature ad parody issue without showing addition publication contains false statement fact made actual malice knowledge statement false reckless disregard whether true state interest protecting public figures emotional distress sufficient deny first amendment protection speech patently offensive intended inflict emotional injury speech reasonably interpreted stating actual facts public figure involved respondent clearly public figure first amendment purposes lower courts finding ad parody reasonably believable must accepted outrageousness area political social discourse inherent subjectiveness allow jury impose liability basis jurors tastes views perhaps basis dislike particular expression consistently first amendment form basis award damages conduct involved pp reversed rehnquist delivered opinion brennan marshall blackmun stevens scalia joined white filed opinion concurring judgment post kennedy took part consideration decision case alan isaacman argued cause petitioners briefs david carson norman roy grutman argued cause respondent brief jeffrey daichman thomas marino briefs amici curiae urging reversal filed american civil liberties union foundation et al harriette dorsen john powell steven shapiro association american editorial cartoonists et al roslyn mazer george kaufmann association american publishers bruce rich home box office cameron devore daniel waggoner law humanities institute edward de grazia reporters committee freedom press et al jane kirtley richard schmidt david barr laurent scharff richmond newspapers et al alexander wellford david kohler rodney smolla william niese jeffrey klein terry maguire slade metcalf volunteer lawyers arts irwin karp fred koenigsberg chief justice rehnquist delivered opinion petitioner hustler magazine magazine nationwide circulation respondent jerry falwell nationally known minister active commentator politics public affairs sued petitioner publisher petitioner larry flynt recover damages invasion privacy libel intentional infliction emotional distress district directed verdict respondent privacy claim submitted two claims jury jury found petitioners defamation claim found respondent claim intentional infliction emotional distress awarded damages consider whether award consistent first fourteenth amendments constitution inside front cover november issue hustler magazine featured parody advertisement campari liqueur contained name picture respondent entitled jerry falwell talks first time parody modeled actual campari ads included interviews various celebrities first times although apparent end interview meant first time sampled campari ads clearly played sexual double entendre general subject first times copying form layout campari ads hustler editors chose respondent featured celebrity drafted alleged interview first time drunken incestuous rendezvous mother outhouse hustler parody portrays respondent mother drunk immoral suggests respondent hypocrite preaches drunk small print bottom page ad contains disclaimer ad parody taken seriously magazine table contents also lists ad fiction ad personality parody soon november issue hustler became available public respondent brought diversity action district western district virginia hustler magazine larry flynt flynt distributing respondent stated complaint publication ad parody hustler entitled recover damages libel invasion privacy intentional infliction emotional distress case proceeded trial close evidence district granted directed verdict petitioners invasion privacy claim jury found respondent libel claim specifically finding ad parody reasonably understood describing actual facts respondent actual events participated app pet cert jury ruled respondent intentional infliction emotional distress claim however stated awarded compensatory damages well punitive damages petitioners petitioners motion judgment notwithstanding verdict denied appeal appeals fourth circuit affirmed judgment petitioners falwell flynt rejected petitioners argument actual malice standard new york times sullivan must met respondent recover emotional distress agreed respondent concededly public figure petitioners entitled level first amendment protection claim intentional infliction emotional distress received respondent claim libel mean literal application actual malice rule appropriate context emotional distress claim view new york times decision emphasized constitutional importance falsity statement defendant disregard truth heightened level culpability embodied requirement knowing reckless conduct new york times standard satisfied requirement jury finding defendants acted intentionally recklessly appeals went reject contention jury found ad parody describe actual facts respondent ad opinion protected first amendment put irrelevant issue whether ad publication sufficiently outrageous constitute intentional infliction emotional distress petitioners filed petition rehearing en banc denied divided given importance constitutional issues involved granted certiorari case presents us novel question involving first amendment limitations upon state authority protect citizens intentional infliction emotional distress must decide whether public figure may recover damages emotional harm caused publication ad parody offensive doubtless gross repugnant eyes respondent us find state interest protecting public figures emotional distress sufficient deny first amendment protection speech patently offensive intended inflict emotional injury even speech reasonably interpreted stating actual facts public figure involved decline heart first amendment recognition fundamental importance free flow ideas opinions matters public interest concern freedom speak one mind aspect individual liberty thus good unto also essential common quest truth vitality society whole bose consumers union therefore particularly vigilant ensure individual expressions ideas remain free governmentally imposed sanctions first amendment recognizes thing false idea gertz robert welch justice holmes wrote men realized time upset many fighting faiths may come believe even believe foundations conduct ultimate good desired better reached free trade ideas best test truth power thought get accepted competition market abrams dissenting opinion sort robust political debate encouraged first amendment bound produce speech critical hold public office public figures intimately involved resolution important public questions reason fame shape events areas concern society large associated press walker decided curtis publishing butts warren concurring result justice frankfurter put succinctly baumgartner said ne prerogatives american citizenship right criticize public men measures criticism inevitably always reasoned moderate public figures well public officials subject vehement caustic sometimes unpleasantly sharp attacks new york times supra candidate vaunts spotless record sterling integrity convincingly cry foul opponent industrious reporter attempts demonstrate contrary monitor patriot roy course mean speech public figure immune sanction form damages since new york times sullivan consistently ruled public figure may hold speaker liable damage reputation caused publication defamatory falsehood statement made knowledge false reckless disregard whether false false statements fact particularly valueless interfere function marketplace ideas cause damage individual reputation easily repaired counterspeech however persuasive effective see gertz even though falsehoods little value nevertheless inevitable free debate rule impose strict liability publisher false factual assertions undoubted chilling effect speech relating public figures constitutional value freedoms expression require breathing space philadelphia newspapers hepps quoting new york times supra breathing space provided constitutional rule allows public figures recover libel defamation prove statement false statement made requisite level culpability respondent argues however different standard apply case state seeks prevent reputational damage severe emotional distress suffered person subject offensive publication cf zacchini broadcasting ruling actual malice standard apply tort appropriation right publicity respondent view view appeals long utterance intended inflict emotional distress outrageous fact inflict serious emotional distress constitutional import whether statement fact opinion whether true false intent cause injury gravamen tort state interest preventing emotional harm simply outweighs whatever interest speaker may speech type generally speaking law regard intent inflict emotional distress one receive much solicitude quite understandable jurisdictions chosen make civilly culpable conduct question sufficiently outrageous world debate public affairs many things done motives less admirable protected first amendment garrison louisiana held even speaker writer motivated hatred ill expression protected first amendment debate public issues uninhibited speaker must run risk proved spoke hatred even speak hatred utterances honestly believed contribute free interchange ideas ascertainment truth hold otherwise little doubt political cartoonists satirists subjected damages awards without showing work falsely defamed subject webster defines caricature deliberately distorted picturing imitating person literary style etc exaggerating features mannerisms satirical effect webster new unabridged twentieth century dictionary english language ed appeal political cartoon caricature often based exploitation unfortunate physical traits politically embarrassing events exploitation often calculated injure feelings subject portrayal art cartoonist often reasoned evenhanded slashing one cartoonist expressed nature art words political cartoon weapon attack scorn ridicule satire least effective tries pat politician back usually welcome bee sting always controversial quarters long political cartoon journalism strongest weapon quill despite sometimes caustic nature early cartoon portraying george washington ass present day graphic depictions satirical cartoons played prominent role public political debate nast castigation tweed ring walt mcdougall characterization presidential candidate james blaine banquet millionaires delmonico royal feast belshazzar numerous efforts undoubtedly effect course outcome contemporaneous debate lincoln tall gangling posture teddy roosevelt glasses teeth franklin roosevelt jutting jaw cigarette holder memorialized political cartoons effect obtained photographer portrait artist viewpoint history clear political discourse considerably poorer without respondent contends however caricature question outrageous distinguish traditional political cartoons doubt caricature respondent mother published hustler best distant cousin political cartoons described rather poor relation possible laying principled standard separate one public discourse probably suffer little harm doubt standard quite sure pejorative description outrageous supply one outrageousness area political social discourse inherent subjectiveness allow jury impose liability basis jurors tastes views perhaps basis dislike particular expression outrageousness standard thus runs afoul longstanding refusal allow damages awarded speech question may adverse emotional impact audience see naacp claiborne hardware speech lose protected character simply may embarrass others coerce action stated fcc pacifica foundation fact society may find speech offensive sufficient reason suppressing indeed speaker opinion gives offense consequence reason according constitutional protection central tenet first amendment government must remain neutral marketplace ideas admittedly first amendment principles like principles subject limitations recognized pacifica foundation speech vulgar offensive shocking entitled absolute constitutional protection circumstances chaplinsky new hampshire held state lawfully punish individual use insulting fighting words utterance inflict injury tend incite immediate breach peace limitations recognition observation dun bradstreet greenmoss builders long recognized speech equal first amendment importance sort expression involved case seem us governed exception general first amendment principles stated conclude public figures public officials may recover tort intentional infliction emotional distress reason publications one issue without showing addition publication contains false statement fact made actual malice knowledge statement false reckless disregard whether true merely blind application new york times standard see time hill reflects considered judgment standard necessary give adequate breathing space freedoms protected first amendment clear respondent falwell public figure purposes first amendment law jury found respondent libel claim decided hustler ad parody reasonably understood describing actual facts respondent actual events participated app pet cert appeals interpreted jury finding ad parody reasonably believable accordance custom accept finding respondent thus relegated claim damages awarded jury intentional infliction emotional distress outrageous conduct reasons heretofore stated claim consistently first amendment form basis award damages conduct question publication caricature ad parody involved judgment appeals accordingly reversed footnotes jury found liability part flynt distributing inc consequently party appeal virginia law action intentional infliction emotional distress plaintiff must show defendant conduct intentional reckless offends generally accepted standards decency morality causally connected plaintiff emotional distress caused emotional distress severe citing womack eldridge also rejected several contentions petitioners raise appeal neither party disputes conclusion respondent host nationally syndicated television show founder president political organization formerly known moral majority also founder liberty university lynchburg virginia author several books publications america ed justice white concurring judgment see decision new york times sullivan little case jury found ad contained assertion fact agree judgment penalized publication parody squared first amendment