Hustler Magazine v. Falwell/Concurrence White
Justice White, concurring in the judgment.
As I see it, the decision in New York Times Co. v. Sullivan, 376 U.S. 254 (1964), has little to do with this case, for here the jury found that the ad contained no assertion of fact. But I agree with the Court that the judgment below, which penalized the publication of the parody, cannot be squared with the First Amendment.
This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).
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