JW Comms 152: Freedom of Speech Fall 2012 - October 9, 2012

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Its rural Kentucky 1952 and there are two young boys making moonshine and selling it.1 The movie starts showing Flynt as an entrepreneur, which continues an ongoing theme throughout the film. The movie is about Larry Flynt [who] is the hedonistically obnoxious, but indomitable, publisher of Hustler magazine. The film recounts his struggle to make an honest living publishing his porn magazine and how it changes into a battle to protect the freedom of speech for all people.2 The first time Flynt was arrested it was for pandering obscenities and engaging in organized crime. Alan Isaacman became Flynts attorney (whom was played by Edward Norton) specialized in Civil Liberties and felt strongly about what was legally happening with Flynt. He didnt like the material that Flynt was publishing yet felt he was still constitutionally allowed that opportunity under the first amendment. The speech at issue in this film was freedom of speech regarding sexual content. The trial took place in 1977, during the closing arguments Isaacman wanted the jury to understand the true reason and purpose of the trial.3 There would be a precedent set with their verdict if they gave guilty to the censorship of speech. During the trial Flynt gave a metaphor for his periodicals using Budweiser beer. He replied to a question being asked by the prosecution that if a child is seen at a tavern drinking Budweiser do we ban Budweiser. No answer was given, but a good point was made. Isaacman & Flynt lost that trial yet the idea was established that freedom isnt free4 and free speech isnt free either, but its important the integrity of the idea is kept at all times. During the 1977 trial Isaacman felt that the Judge Morrissey was guilty of selective prosecution, he wanted to use other periodicals that were under the same genre to support the idea of community standard, Judge W.M. Morrissey wouldn't allow the periodicals into evidence. Judge Morrissey let Isaacman know that the community standard was what the jury was for (in the movie
1 The People vs. Larry Flynt. 2 Chisholm, Kenneth. 3 "Declaration of Independence. For depriving us in many cases, of the benefits of Trial by Jury 4 "Bill of Rights." Amendment 1

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Flynt played Judge Morrissey.5). The jury found Flynt guilty of all charges and sentenced to 25 years, which was overturned five months later by the applet court. Flynt put on a rally under the pseudonym of United Americans for Free Press and presented his argument by rationalizing that its okay in this country to see images of violence/death/war but not what God manufactured6 [created]. During the rally he had slides showing these images of extreme violence (holocaust images, WWII images, decomposing bodies, etc.) and images of obscenities/perversions (womens bodies, men/women having sex, etc.). What is more obscene sex or war?7 Flynts statement made during the rally was suggesting we raise the youth to think sex is bad and the absurdity of that. After the rally happened in the state of Georgia news distributors were being arrested for selling the periodicals, Flynt went to GA and staged a protest; he walked into a store location and paid the store clerk $1,000 to run the business for the day then had one of his employees pretend to buy his product, as soon as cash was in had the police whom had been standing there the entire time arrested him. On his way to jail for this crime a news reporter asked Flynt if he had so many supporters why none where here to support him now, Flynts response was, why do I have to go to jail to protect our freedom. In 1978 he went to trail for the stunt he pulled in GA and after leaving the trial an assailant whom (which to this day was never caught) had been following him to all his trials shot him and his lawyer after leaving the court house one day. Flynt became paralyzed him from the waist down. After that incident he moved to Los Angeles [county] where perverts are welcomed. I agree with Flynt and the logic he is presenting, I agree that even though I do not necessarily like what he is publishing he has a right under the United States Constitution to do so.8 Without that right, censorship would end up not allowing us to have a choice to choose freely for ourselves.
5 The People vs. Larry Flynt. 6 The People vs. Larry Flynt. 7 The People vs. Larry Flynt. 8 "Bill of Rights." Amendment 1

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The real question is would the founding fathers have agreed with Flynts positioning of his First Amendment rights? Benjamin Franklin wrote an apology for an advertisement he printed in his newspaper.9 He made a comment10: 4. That it is as unreasonable in any one Man or Set of Men to expect to be pleas'd with every thing that is printed, as to think that nobody ought to be pleas'd but themselves. 5. Printers are educated in the Belief, that when Men differ in Opinion, both Sides ought equally to have the Advantage of being heard by the Publick; and that when Truth and Error have fair Play, the former is always an overmatch for the latter: Hence they chearfully serve all contending Writers that pay them well, without regarding on which side they are of the Question in Dispute. 7. That it is unreasonable to imagine Printers approve of every thing they print, and to censure them on any particular thing accordingly; since in the way of their Business they print such great variety of things opposite and contradictory. It is likewise as unreasonable what some assert, "That Printers ought not to print any Thing but what they approve;" since if all of that Business should make such a Resolution, and abide by it, an End would thereby be put to Free Writing, and the World would afterwards have nothing to read but what happen'd to be the Opinions of Printers.

The point that Franklins makes is the importance of free speech, without it there wouldn't be free flow of ideas and the fact we would advice and grow as a society.

9 Franklin, Benjamin. 10 Franklin, Benjamin.

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In Hustlers11 Vol. 22 #5 issue they had an advertisement endorsing alcohol showing Jerry Falwell (whom at the time was president of Liberty Baptist College) and stating he had fornicated with his mother in an outhouse. Falwell sued Flynt for libel intent and emotion distress for $40 million, which Flynt then countersued on copyright infringement due to Falwell sent out in newsletters and circulated the advertisement without Flynts permission. It was at this time that Falwell was defined as a Public Figure12 (public figure n. in the law of defamation (libel and slander), a personage of great public interest or familiarity like a government official, politician, celebrity, business leader, movie star, or sports hero. Incorrect harmful statements published about a public figure cannot be the basis of a lawsuit for defamation unless there is proof that the writer or publisher intentionally defamed the person with malice (hate).13 In the 1984 trial Flynt made a comment during questioning where he said free speech is absolute, Flynt wasnt found guilty of libel intent but was found guilty for emotional distress and Falwell was awarded $200,000. Flynt then took his case to the Supreme Court of the United States on December 2, 1987,14 during the arguments Isaacman used an example of George Washington and a political cartoon where he was depicted riding a donkey being led by a man where the caption suggests that this man is leading an ass to Washington [DC].15 The decision returned was unanimous on February 24, 1988, the ruling given was as follows At the heart of the First Amendment is the recognition of the fundamental importance of the free flow of ideas and opinions on matters of public interest and concern. The freedom to speak one's mind is not only an aspect of individual liberty but also is essential to the common quest for truth and the vitality of society as a whole. In the world of debt about public affairs many things done with motives that are less than admirable are nonetheless protected by the first
11 "Larry Flynt Publications." 12 "Public Figure." 13 <http://legal-dictionary.thefreedictionary.com/Public Figure>. 14 Hustler Magazine, Inc. v. Jerry Falwell - No. 86-1278, 15 "The People vs. Larry Flynt (1996) - Washington Riding a Donkey."

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amendment.16 I would have to say I really enjoyed watching this movie and it provided a good foundation and point to the importance to fight for our freedoms. That everyone should have a vested interest in the preservation of our constitution.17 Flynt stood for what he believes is right, that no matter what you like/dislike for/against that you have the right to speak your mind and have a choice to choose as such. Honestly I wouldn't have done anything different about the movie, the director Milo Forman did an outstanding job! I would recommend this movie as a great example of free speech to anyone. I would say keep the sexual content as it supports even more for what is being fought and the idea of debate, which is why Isaacman is still Flynts attorney to date.

16 "Hustler Magazine v. Falwell." 17 "Declaration of Independence."

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Bibliography
"Bill of Rights." Bill of Rights. The U.S. National Archives and Records Administration, n.d. Web. 09 Oct. 2012. <http://www.archives.gov/exhibits/charters/bill_of_rights_transcript.html>. Chisholm, Kenneth. "The People vs. Larry Flynt (1996)." IMDb. IMDb.com, 1990-2012. Web. 09 Oct. 2012. <http://www.imdb.com/title/tt0117318/plotsummary>. "Declaration of Independence." Declaration of Independence. The U.S. National Archives and Records Administration, n.d. Web. 09 Oct. 2012. <http://www.archives.gov/exhibits/charters/declaration_transcript.html>. "Defamation (redirected from Defamation of Character)." TheFreeDictionary.com (Legal Dictionary). Farlex Inc., 2008. Web. 09 Oct. 2012. <http://legal-dictionary.thefreedictionary.com/Defamation of character>. Franklin, Benjamin. "Benjamin Franklin: Apology for Printers." Benjamin Franklin: Apology for Printers. JPROF, n.d. Web. 09 Oct. 2012. <http://www.jprof.com/history/franklin-apologia.html>. Published in The Pennsylvania Gazette, May 27, 1731 "Hustler Magazine v. Falwell (1988) - No. 86-1278." Hustler Magazine v. Falwell (1988). Boston College, 24 Feb. 1988. Web. 09 Oct. 2012. <http://www.bc.edu/bc_org/avp/cas/comm/free_speech/hustler.html>. "Hustler Magazine v. Falwell." Wikipedia. Wikimedia Foundation, 10 July 2012. Web. 09 Oct. 2012. <http://en.wikipedia.org/wiki/Hustler_Magazine_v._Falwell>. "Hustler v. Falwell - Reference George Washington Riding Donkey." Hustler v. Falwell. University Missouri-Kansas City Law School, n.d. Web. 09 Oct. 2012. <http://law2.umkc.edu/faculty/projects/ftrials/falwell/oralarg.html>. "Larry Flynt Publications." Wikipedia. Wikimedia Foundation, 10 July 2012. Web. 09 Oct. 2012. <http://en.wikipedia.org/wiki/Larry_Flynt_Publications>. "Larry Flynt." Wikipedia. Wikimedia Foundation, 10 July 2012. Web. 09 Oct. 2012. <http://en.wikipedia.org/wiki/Larry_Flynt>. "The People vs. Larry Flynt - the Movie." Wikipedia. Wikimedia Foundation, 10 Mar. 2012. Web. 09 Oct. 2012. <http://en.wikipedia.org/wiki/The_people_vs._larry_flynt>. "The People vs. Larry Flynt (1996) - Washington Riding a Donkey." Find Quotes 'n Movies and Series. Subzin, n.d. Web. 09 Oct. 2012. <http://www.subzin.com/quotes/The People vs. Larry Flynt/It depicts George Washington riding on a donkey being led by a man>.

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Bibliography (cont.)
The People vs. Larry Flynt. Dir. Milo Forman. Prod. Oliver Stone. By Scott Alexander. Perf. Woody Harrelson, Courtney Love & Edward Norton. Phoenix Pictures/Columbia Pictures, 1996. DVD. "Public Figure." TheFreeDictionary.com (Legal Dictionary). Farlex Inc., 1981-2005. Web. 09 Oct. 2012. <http://legal-dictionary.thefreedictionary.com/Public Figure>.