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40 Hastings Comm. & Ent. L.J. 141 (2018)

handle is hein.journals/hascom40 and id is 1 raw text is: 




   From Satirical to Satyrical: When Is a
                      Joke Actionable?


                                   by
                      SANDRA DAVIDSON SCOTT*

                          Table of Contents
  I.  Pring and Falwell .........................................   143
      A. Pring in Penthouse: Not an Uplifting Experience ...... 143
      B. Falwell: From the Outhouse to the Courthouse ....... 145
 II. Public Figures and Private Persons ........................ 148
      A. A Thrust into the Vortex: Who Is a Public
           Figure? ..............................................   148
      B. Is Pring a Private Person, or Does it Matter? .......... 154
III.  A ppropriation ............................................   159
      A. The Public Figure Advantage: Commercial Appropria-
           tion of Name and Likeness ........................... 159
      B. Limits to Appropriation: Strictly Commercial Purpose
          and Opinions on Newsworthy Topics .................. 163
IV. Commercial and Personal Interests ........................ 166
      A. Is the Law on Satirical Expression of Opinions Fair? .. 166
      B. False Facts: An Oxymoron and a Hazard .......... 169
      C. The Requirement of Literal Truth: An Invitation to
          Stretch Facts? ........................................   174
 V .  Conclusion  ...............................................   176
    * Assistant Professor, University of Missouri School of Journalism; B.A., University of
Missouri, Columbia, 1968; M.A., University of Missouri, Columbia, 1973; Ph.D., University
of Connecticut, Storrs, 1977; J.D., University of Missouri, Columbia, 1982. The author
teaches communications law and serves as Legal Counsel for the newspaper produced at the
school. She would like to thank Byron Scott, Professor of Journalism at the University of
Missouri School of Journalism, David Fischer, Professor of Law at the University of Missouri
School of Law, Lee Jollife, Assistant Professor of Journalism at the University of Missouri
School of Journalism, and Nancy Waters, Research Assistant, for their help in writing this
Article.

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