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Flynt believed Falwell was a hypocrite, and wanted other people to feel the same way.
Flynt appealed the court's decision because he felt that before Falwell could receive money to compensate his "emotional distress," the actual malice standard set in a previous case (New York Times Co. v. Sullivan) must be met...
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v. Sullivan) must be met. The court of appeals reaffirmed the ruling of the first court: the ad did not describe actual fact, and therefore was an opinion protected by the First Amendment. The court also stated that the real issue was whether the ad was outrageous enough to represent intentional infliction of emotional distress...
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