Politech mailing list archives

FC: Harvey Silverglate on jerryfalwell.com parody site


From: Declan McCullagh <declan () well com>
Date: Wed, 12 Jun 2002 19:57:11 -0700

[Harvey is a prominent criminal defense attorney in Boston and a civil libertarian who's helped Politech with legal advice in the past. --Declan]

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Reply-To: <has () world std com>
From: "Harvey A. Silverglate" <has () world std com>
To: <declan () well com>, <politech () politechbot com>
Subject: RE: Jerry Falwell won't get jerryfalwell.com parody site --WIPO  panel
Date: Mon, 10 Jun 2002 14:39:07 -0400

Declan
        This is not the first time that the good Reverend Falwell has attempted to
suppress parody but has lost. See "Hustler Magazine v. Falwell", 485 U.S. 46
(1988) (the Supreme Court unanimously reversed a jury verdict against
Hustler Magazine for publishing a parody of Rev Falwell, in which Larry
Flynt and Hustler depicted Falwell as having lost his virginity in a drunken
orgy with his mother in an outhouse; the trial court had found Hustler
guilty of "intentional infliction of emotional distress" on Falwell; the
Supreme Court held that parody is supposed to inflict emotional distress and
that this is protected by the First Amendment).

                                        Harvey Silverglate




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