The Mark Ober Chronicles

September 17th, 2010 by Staff

Watch the first video installment of the Mark Ober Chronicles: an outlandish display of parody at its finest.
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U.S. Supreme Court

HUSTLER MAGAZINE v. FALWELL, 485 U.S. 46 (1988)

485 U.S. 46

HUSTLER MAGAZINE, INC., ET AL. v. FALWELL 
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT 

No. 86-1278. 

Argued December 2, 1987 
Decided February 24, 1988 



In order to protect the free flow of ideas and opinions on matters of public interest and concern, the First and Fourteenth Amendments prohibit public figures and public officials from recovering damages for the tort of intentional infliction of emotional distress by reason of the publication of a caricature such as the ad parody at issue without showing in addition that the publication contains a false statement of fact which was made with "actual malice," i. e., with knowledge that the statement was false or with reckless disregard as to whether or not it was true. The State’s interest in protecting public figures from emotional distress is not sufficient to deny First Amendment protection to speech that is patently offensive and is intended to inflict emotional injury when that speech could not reasonably have been interpreted as stating actual facts about the public figure involved. Here, respondent is clearly a "public figure" for First Amendment purposes, and the lower courts’ finding that the ad parody was not reasonably believable must be [485 U.S. 46, 47]   accepted."Outrageousness" in the area of political and social discourse has an inherent subjectiveness about it which would allow a jury to impose liability on the basis of the jurors’ tastes or views, or perhaps on the basis of their dislike of a particular expression, and cannot, consistently with the First Amendment, form a basis for the award of damages for conduct such as that involved here. Pp. 50-57.
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12 Responses

  1. Chris Little

    Hilarious!! Keep up the good work.

  2. rotarybuddha

    Another great masterpiece from btls.

  3. strall

    post this on facebook and youtube funny ****!!!!

  4. Tom Back

    Love it, keep it up! :)

  5. E Coats

    The most disturbing issue is Fox’s spin on this. In the larger picture this story means little. If Fox misrepresents a story as this, what about the news that does concern and affect the country. How it polarizes the sheeple with erroneous facts. That is the scary point of this issue, IMO.

  6. E Coats

    Previous comment meant for the Mad Meter Maid article. Spinner moved too quickly on my Droid.

  7. Jon

    Wow… All i can say is…… WOW! Manson, you’re a GENIUS! hahahaha

  8. Enrique Silva

    awesome fellas!!! this **** must be eating ober alive.

  9. WES

    SO FUNNY I PEED A LITTLE

  10. The Juancho

    OH GOD WHY!!??

    Its so awesome I think I pinched one off in my pants!

    Wait a sec… (*Checking boxers*)

    Whew. Okay false alarm. Still, kickin’ vid, guys! Hat’s off to ya!

  11. Phil

    I laughed so hard I cried! THanks..

  12. clamneck

    The peculiar evil of silencing the expression of an opinion is, that it is robbing the human race; posterity as well as the existing generation; those who dissent from the opinion, still more than those who hold it. If the opinion is right, they are deprived of the opportunity of exchanging error for truth: if wrong, they lose, what is almost as great a benefit, the clearer perception and livelier impression of truth, produced by its collision with error.

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