First Amendment to the United States Constitution in the context of the judgment of the U.S. Supreme Court in the case Larry Flynt vs “Hustler Magazine” from 24th February 1988

Hałub, Olga

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First Amendment to the United States Constitution in the context of the judgment of the U.S. Supreme Court in the case Larry Flynt vs “Hustler Magazine” from 24th February 1988 Hałub, Olga

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First Amendment to the United States Constitution in the context of the judgment of the U.S. Supreme Court in the case Larry Flynt vs “Hustler Magazine” from 24th February 1988

Hałub, Olga

actual malice test marketplace of ideas the freedom of speech in United States the standard of acceptable critic of public figures protection from the libel the freedom of speech in Poland

This paper aims to provide a study on the scope of regulations of the freedom of speech in United States as well as in Poland. The starting point in the discussion about the borders of this guarantee is the judgment of the U.S. Supreme Court in the case Larry Flynt vs “Hustler Magazine” (24th February 1988). The detailed analysis of the verdict will be presented and compared with the supposable judgment in this case in the basic of regulations in Polish legal system. The American ideas of ‘marketplace of ideas’ on the basis of First Amendment and “actual malice test” will be presented. Moreover, the main issue in the context of case Larry Flynt vs “Huster Magazine” is the standard of acceptable critic of public figures and public officials in the form of caricature or parody. The scope of protection from the libel and intentional infliction of emotional distress caused by an article in a magazine will be also considered. The analysis of above mentioned issues is based on the examples of chosen judgments of American, as well as Polish courts.

Wrocław

E-Wydawnictwo. Prawnicza i Ekonomiczna Biblioteka Cyfrowa. Wydział Prawa, Administracji i Ekonomii Uniwersytetu Wrocławskiego

Jabłoński, Mariusz. Red.

2016

ebook

application/pdf

ISBN 978-83-65431-11-0

pol

(Prace Naukowe Wydziału Prawa, Administracji i Ekonomii Uniwersytetu Wrocławskiego) (E-Monografie ; nr 75)

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