* First Amendment: The First Amendment protects freedom of speech and the press, which includes the right to publish and distribute controversial or offensive material.
* Libel: Defamation law protects individuals and businesses from false and damaging statements that harm their reputation.
Common Law Torts
* Intentional Infliction of Emotional Distress (IIED): This tort allows a person to recover damages if they suffer severe emotional distress as a result of another person's intentional or reckless conduct.
* Invasion of Privacy: Privacy law protects individuals from unwanted intrusion into their personal lives or the unauthorized use or disclosure of their personal information.
Statutory Law
* Virginia's Right to Publicity Statute: This law gives individuals the right to control the commercial use of their name, image, or likeness.
Court's Decisions
The court in Hustler Magazine v. Falwell found in favor of Hustler Magazine, ruling that the First Amendment protected their right to publish a satirical advertisement featuring Falwell. The court also found that Falwell's emotional distress claim under IIED was not cognizable because the ad was clearly not meant to be taken seriously.