Rev. Falwell and the Supreme Court

It may not be the best-known part of the legacy of Rev. Jerry Falwell, but he made a substantial, if unintended contribution to First Amendment jurisprudence. Falwell's lawsuit against Hustler Magazine for its savage ad parody resulted in the 1988 decision Hustler v. Falwell. The majority opinion, written by then-chief Justice William Rehnquist, rejected Falwell's effort to recover damages for intentional infliction of emotional distress, and in the process eloquently praised the importance of satire. Reviewing the history of cartoons and parody, Rehnquist wrote, "From the viewpoint of history, it is clear that our political discourse would have been considerably poorer without them." 

In 1997 I had the unique experience of moderating a debate between Falwell and Larry Flynt at the Thomas Jefferson Center for the Protection of Free Expression in Charlottesville, Virginia It was the first time, or one of the first, the two had shared the stage since the Supreme Court ruling. Falwell was at ease, and even seemed to enjoy the event; as a savvy media personage, he probably knew that the news value of his appearance was heightened by good-natured banter with his adversary.

At the debate Falwell joked that he had prevailed in the litigation in the lower courts in Virginia, and that "we did not lose until we got to the less talented individuals" on the Supreme Court. He never wavered from his belief that he should have won. "The First Amendment," he said, "is not absolute. Only God is absolute." The audio of the panel discussion is now available as a podcast by scrolling down to the bottom of this page.