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Torts Keyed to Epstein
Hustler Magazine v. Falwell
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
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Access the most important case brief elements for optimal case understanding.
*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
- Case Doctrines, Acts, Statutes, Amendments and Treatises: Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
The November 1983 issue of Hustler Magazine featured a parody of an advertisement for Campari Liqueur that had the name and picture of Respondent, and was entitled “Jerry Falwell talks about his first time.” The parody was designed to mimic other Campari ads, which pointed to the idea of the “first time” someone tasted Campari Liqueur. The parody depicted Respondent’s first time as a drunken, incestuous encounter with his mother in an outhouse. Respondent brought suit against Petitioners, alleging invasion of privacy, libel and intentional infliction of emotional distress. The district court and the United States Court of Appeals for the Fourth Circuit found for Petitioner on the defamation and invasion of privacy claims, on the basis that no reasonable person would consider the parody as true. The same courts held for Respondent on the issue of intentional infliction of emotional distress. The Supreme Court of the United States granted certiorari.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
- Holding: Shares the Court's answer to the legal questions raised in the issue.
- Concurring / Dissenting Opinions: Includes valuable concurring or dissenting opinions and their key points.
- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
- Policy: Identifies the Policy if any that has been established by the case.
- Court Direction: Shares where the Court went from here for this case.