Defamation Coursework Example

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Defamation
Defamation is the wrongful act of damaging the good reputation of another individual (Rolph 4). In the case of Falwell v. Flint, the respondent who is known in the entire nation as a commentator on public affairs and politics filed a diversity action. It entails a case of civil procedure where the United States district court sits to handle a case that the parties involved are citizens of different states or non-US citizens. The Hustler magazine and its publisher Larry Flynt depicted Falwell drunk and having sex with his mother (Smolla 424).
Falwell being a public figure; a well-known minister, the magazine took advantage of him as the article was going to have extensive public access. The advertisement could have created a wrong public impression as he is a man many people in the United States are looking up to. By writing on the incestuous issue, many people could not take his commentary on public affairs issue as his public image has been ruined. The magazine also touched on Falwell family and in this case as having sex with the mother. Falwell being a public figure, the family is also well known in the US hence the advertisement could have received the desired public attention which according to Falwell this a defamatory act. The proper name of the family had been ruined. Thus he had the right to sue for defamation. Falwell felt defamed by the magazine and its publishers as they used unconfirmed claims of drunkenness and incest without any evidence (Smolla 425).

The article may have ruined his career being a minister well known in the United States and a commentator of politics and public affairs issues. One cannot handle problems concerning public affairs while his image to the public is destroyed.
In conclusion, even though the plaintiff presented valid evidence of defamation, the court found no proof for. The court however gave emphasis on how the publication caused Falwell emotional grief.
Works Cited
Rolph, David. Reputation, celebrity and defamation law. Routledge, 2016.
Smolla, Rodney A., “Emotional Distress and the First Amendment: An Analysis of Hustler v. Falwell” (1988). Faculty Publications. Paper 867.