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Libel: Infliction of emotional distress

Individuals sometimes sue the news media for emotional distress caused by the publication of embarrassing, truthful facts.

However, in Hustler Magazine v. Falwell,¹⁸ the Supreme Court ruled that public figures and public officials may not recover for intentional infliction of emotional distress without demonstrating that the material in question contained a false statement of fact that was made with actual malice. The high court noted that editorial cartoonists and other satirists must be protected not only from libel suits, but also from suits claiming emotional distress, when caricaturing public figures or commenting on matters of public concern.

Notes

18. Hustler Magazine v. Falwell, 485 U.S. 46 (1988).

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