Is “Who’s Nailin Paylin” Legal? - The Intrepid

Thursday, October 16, 2008

Is “Who’s Nailin Paylin” Legal?

In you haven’t heard, “Who’s Nailin Paylin” is an upcoming pornographic movie starring Lisa Ann, a Sarah Palin doppelganger. The movie, which is being produced by Larry Flynt’s Hustler, features Russian soldiers in Alaska, “you betchas,” and even a threesome with Hillary Clinton and Condoleezza Rice look-a-likes.

Unfortunately for the real Sarah Palin, Flynt’s pornographic parody is legal. In fact, Flynt set the legal standard for parody. In a 1983 issue of Hustler, a fake advertisement described Jerry Falwell’s “first time” as a drunken encounter with his mother. Furious, Falwell sued Hustler. Initially, Falwell was awarded $150,000 in damages by a lower court. This ruling was reversed in Supreme Court decision in 1988.

In an 8-0 ruling, the court found in favour of Flynt. The majority decision concluded that the right to freedom of speech, as prescribed in the First Amendment, “prohibits awarding damages to public figures to compensate for emotional distress intentionally inflicted upon them.”

Palin could press for an injunction, and perhaps delay the release of the film until after the election, but it would most likely still be released.


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