Tag Archives: Flynt v Falwell
Flynt v Falwell Cartoon First Amendment Anniversary
Today is the 20th anniversary of the U.S. Supreme Court’s Flynt v Falwell decision. It was a very important ruling because it acts as a kind of get out of jail card for cartoonists. Also, it gives me an excuse to quote myself from my book The Recent History of the United States in Political Cartoons: A Look Bok!:
As an endangered industry, political cartooning seeks, and gets, federal protection. It comes in the form of the First Amendment to the U.S. Constitution.
Flynt v Falwell
Larry Flynt published an over-the-top raunchy cartoon, in his porn magazine Hustler. The cartoon was about Rev. Jerry Falwell and his mother. Falwell sued and the case made its way to the Supreme Court. Falwell claimed the cartoon caused him emotional distress. Of course it did. That was the point, as Chief Justice Rehnquist noted in the court’s unanimous opinion for Flynt:
“The appeal of the political cartoon or caricature is often based on the exploration of unfortunate physical traits or politically embarrassing events… often calculated to hurt the feelings of the subject of the portrayal.”
In order to protect political cartoons the court had to protect Larry Flynt’s offensive cartoon. Not many jobs have a Supreme Court mandate to cause emotional distress.
Even so, it’s not like I keep this date marked on my calendar. I noticed it when I stumbled on this piece about it by Carl Cannon at Real Clear Politics. Cannon had this to say about the court’s ruling:
To decide otherwise, the eight justices reasoned, would effectively outlaw political cartooning. This, too, the high court ruled, would be an unwise and unconstitutional decision to render. Rehnquist quoted approvingly from the words of a cartoonist:
“The political cartoon is a weapon of attack, of scorn and ridicule and satire; it is least effective when it tries to pat some politician on the back. It is usually as welcome as a bee sting, and is always controversial in some quarters.”
First Amendment
Flynt and Falwell eventually went on the road together debating the First Amendment.
