The distressing Mr. Flynt

[LARSSON at VAX1.Mankato.MSUS.EDU]

David notes:
"Feeling in a didactic mood, I must correct this perception that Forman's film is
a defense of Flynt as a pornographer.  The film revolves around Flynt's case
regarding his magazine speaking ill of Jerry Falwell.  He was sued for libel and
the case went to the Supreme Court, and was decided in Flynt's favor.  Unlikely
as Flynt is as a hero, this was an important decision in maintaining 1st
amendment rights here in the US of A."

Actually, it wasnt' even a libel case.  Since Falwell is a very public figure,
the original jury could not justly find for a case of libel as such, but they
awarded him a claim for "emotional distress" as an attempt to get something
for him out of it.

The appeal then, to my unlearned eye, would seem to be a no-brainer.  If
everyone who felt "distressed" by what someone else printed could sue, we
would rapidly be having no one say anything at all.  (Just think what it
could do to the Internet!--One flame war and we're litigating for the next
decade!)  The Supremes--even Rehnquist and Scalia--apparently agreed.

Don Larsson, Mankato State u (MN)