Part one of term paper
The respondent, Jerry Falwell, a nationally known minister and commentator of politics, filed a diversity action in Federal District Court against the petitioners, Hustler Magazine, Inc., a nationally circulated magazine and its publisher, to recover damages for, inter alia, libel and in intentional infliction of emotional distress arising f ...

Part two of term paper
... distress claim, stating that he should be awarded compensatory and punitive damages. The Court of Appeals agreed by rejecting Hustler Magazine, Inc.'s argument that the “actual malice” standard of New York Times Co. v. Sullivan had to be met before Falwell could sue for emotional distress. However, because the jury decided that the ad didn't describe actual events, it was considered an opinion protected by the First Amendment. The court ruled that the issue was whether or not that opinion ...