Intentional Infliction of Emotional Distress

(Hustler Magazine v. Falwell, 1988)

• Supreme Court ruled that to win an emotional distress claim, a public figure or public official must prove three things

  • that the parody or satire amounted to a statement of fact, not an opinion
  • that it was false as a statement of fact
  • that the plaintiff could prove actual malice or reckless disregard

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