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Larry Flynt, a publisher of a magazine entitled Hustler, was known for publishing explicit images and articles portraying crude humor. In one such article, a parody of an advertisement was published which described a well-known evangelical pastor, Jerry Falwell, having an incestuous encounter with his mother in an outhouse. Falwell brings suit against Flynt and Hustler for Libel. To succeed on his Libel action, Falwell will have to prove which of the following elements: (DO NOT CONSIDER ANY OF HUSTLER’S DEFENSES WHEN ANALYZING THE ANSWERS BELOW)

	That Hustler had actual malice towards Falwell when publishing the parody
	Hustler made a false statement of fact
	Hustler knew the article was about Falwell and that the article would tend to harm Falwell’s reputation as a nationally known minister.
	That Falwell suffered special damages
	The statement was published to more than one other person besides Hustler and Falwell

 

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