Jerry Falwell V Larry Flynt: The First Amendment on Trial (Hardcover)

by Rodney A. Smolla (Author)

Editorial Reviews

From Publishers Weekly
This discussion of the First Amendment is based on the Falwell v. Flynt libel suit, recounted in colorful detail. Smolla, a William and Mary College law professor, helped write a "friend of the court" brief to the U.S. Supreme Court, which early this year overturned a $200,000 damage award to the evangelist for "intended" infliction of emotional distress he claimed to have suffered as a result of Hustler magazine's portrayal of him engaged in drunken sex with his mother in an outhouse. Making legal complexities accessible to the lay reader, the author demonstrates how the case reflects current cultural and moral attitudes grounded in collective community judgments between opposing ideals of a pluralistic society, in which some view the Constitution as a moral charter and others believe in public access to all ideas or fields of human interest, sometimes at the expense of the privacy of public figures. In a unanimous decision, the Supreme Court, stresses the author, in effect extended freedom of speech beyond verifiable fact to expressions of opinion even of an offensive nature.
Copyright 1988 Reed Business Information, Inc.

From Library Journal
When Flynt's Hustler magazine published in 1983 a bad-taste satirical ad based on Campari's series ("Campari. You'll never forget the first time.") using fundamentalist minister Falwell having sex with his mother ("Jerry Falwell talks about his first time."), Falwell sued for libel and emotional distress. Legal scholar and libel expert Smolla, author of Suing the Press , carefully and entertainingly re-creates the legal battles that resulted from the suit. Quoting depositions and trial record testimony, Smolla serves up fair-minded appraisals of Flynt, Falwell, and their interesting lawyers and raises reasonable doubts about First Amendment absolutism. Lively and provocative. Jack Forman, Mesa Coll. Lib., San Diego
Copyright 1988 Reed Business Information, Inc.

Product Details

• Hardcover: 336 pages
• Publisher: St Martins Pr; 1 edition (October 1988)
• Language: English
• ISBN-10: 0312022255
• ISBN-13: 978-0312022259
• Product Dimensions: 9.1 x 6 x 1.2 inches
• Shipping Weight: 1.6 pounds
• Average Customer Review: 5.0 out of 5 stars See all reviews (2 customer reviews)
• Amazon.com Sales Rank: #2,240,682 in Books (See Bestsellers in Books)

Customer Reviews

Most Helpful Customer Reviews

2 of 2 people found the following review helpful:

5.0 out of 5 stars Porn, fundamentalism, and the first amendment, October 7, 2000

By	Tyler Massey (Auburn, Al United States) - See all my reviews

This review is from: Jerry Falwell v. Larry Flynt: THE FIRST AMENDMENT ON TRIAL (Paperback)

What better combo could there be? I'm not a student of law, but I still found this to be a facinating story about its history and importance. The descriptions of Larry Flynt are colorful and often times halarious. Fawell doesn't exactly come out looking like an angel either, but I found Smolla's treatment of both characters to be fair. Ultimately, the conclusion of this book are right on. Flynt and Falwell are both hustlers of the American Dream. They just sell their versions from opposite ends of the spectrum.

4 of 5 people found the following review helpful:

5.0 out of 5 stars Fascinating Insider View of First Amendment Strategizing, September 1, 1999

By A Customer

This review is from: Jerry Falwell v. Larry Flynt: THE FIRST AMENDMENT ON TRIAL (Paperback)

Rod Smolla knows how to tell a story. We all know Larry Flynt is colorful, what we didn't know is how brilliant his young attorney was in getting the Falwell trial heard in the "Live Free or Die State" when Hustler's distribution there was about 1% of its national sales. A must read for any staunch defender of the First Amendment.