Hustler and Censorship
Hustler magazine, launched by Larry Flynt in 1974, is known for its sexually explicit content and vulgar humor, positioned as an alternative to other men's magazines. Initially selling 160,000 copies, it skyrocketed to a circulation of 2.5 million by 1983, and it continues to print around half a million copies each month. The magazine's provocative nature has led to numerous legal challenges, most notably two significant U.S. Supreme Court cases. In the 1984 case, Keeton v. Hustler Magazine, the Court ruled that individuals could sue for libel in any jurisdiction where the material was distributed, establishing a critical precedent for libel law. Additionally, the 1988 case Hustler Magazine, Inc. v. Falwell protected satirical speech, affirming that public figures could not claim emotional distress without meeting specific legal standards. Hustler has also engaged in debates over censorship, particularly regarding the distribution of adult materials to military personnel. The complexities surrounding Hustler highlight broader issues of free speech, censorship, and the legal definition of obscenity in American society.
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Subject Terms
Hustler and Censorship
- TYPE OF WORK: Magazine
- FIRST PUBLISHED: 1974
- PUBLISHER: Larry Flynt (1942-2021)
- SUBJECT MATTER: Sexually explicit pictures, stories, articles, and humor aimed at adult male readers
- SIGNIFICANCE: Hustler has been involved in many legal battles, including two U.S. Supreme Court decisions
Hustler magazine was begun by Larry Flynt, the owner of a string of Ohio nightclubs of the same name. From its inception, it has competed against other men’s magazines by emphasizing graphic sexual images and vulgar humor. When it first appeared in July 1974, it sold 160,000 issues; by 1983, its monthly circulation was two and a half million, and in the twenty-first century, the magazine continues to print around half a million copies per issue.
The magazine has involved Flynt in many protracted legal battles, including several libel suits brought by Penthouse magazine and its publisher Bob Guccione. Kathy Keeton, the vice-chairperson of Penthouse, attempted to sue Flynt for remarks he made in 1975 and 1976. When she discovered that the statute of limitations had run out everywhere in the United States except in the state of New Hampshire, she filed a suit against Flynt there. At issue was whether a magazine could be sued in any locality in which it was sold. The case eventually reached the U.S. Supreme Court in 1984 in Keeton v. Hustler Magazine, Inc., which ruled in Keeton’s favor. This case established the legal precedent that persons who believed themselves libeled could sue in any jurisdiction where the allegedly libelous material was read.
Hustler’s second Supreme Court decision started with a satirical advertisement depicting the television evangelist Jerry Falwell endorsing an alcoholic beverage while describing a sexual experience he once had with his own mother in an outhouse. Falwell sued Flynt for intentionally inflicting emotional distress. When this case reached the U.S. Supreme Court in 1988 in Hustler Magazine, Inc. v. Falwell, the Court unanimously ruled that the satirical advertisement was protected speech. This ruling established that targets of satirical attacks could not evade the legal standards of libel by claiming an emotional distress tort. The ruling also reinforced the right of editorial cartoonists and satirists to lampoon public figures.
In Flynt v. Rumsfeld (2004), Hustler's publisher challenged the US Department of Defense's policy on the distribution of pornographic materials to members of the military, though their magazine and Playboy were eventually removed from the shelves of military bases worldwide. The 2014 film Back Issues: The Hustler Magazine Story outlines some of the magazine's experiences with censorship and the legal system.
Bibliography
"Larry Flynt, Who Built a Porn Empire with Hustler, Dies at 78." New York Times, 10 Feb. 2021, www.nytimes.com/2021/02/10/business/media/larry-flynt-dead-hustler-magazine.html. Accessed 20 Oct. 2024.
Neumann, Caryn E. "Larry Flynt." Free Speech Center, 5 July 2024, firstamendment.mtsu.edu/article/larry-flynt. Accessed 20 Oct. 2024.
"U.S. Reports: Keeton v. Hustler Magazine, Inc., 465 U.S. 770 (1984)." Library of Congress, 1984, tile.loc.gov/storage-services/service/ll/usrep/usrep465/usrep465770/usrep465770.pdf. Accessed 20 Oct. 2024.