It also requested donations to help finance Falwell's suit against Hustler. The second mailing was directed to about 26,900 "major donors" and included a copy of the parody with eight of the most offensive words blackened out. This first mailing is not involved in the suit. It described the parody without including a copy of the actual parody, and asked for a contribution to help Falwell "defend his mother's memory" in court. One was directed to approximately 500,000 "rank-and-file" members. On November 15, 1983, Moral Majority, Inc., a conservative political lobbying group, sent out two mailings signed by Falwell. At the bottom of the page in small print is the disclaimer "AD PARODY - NOT TO BE TAKEN SERIOUSLY." The Hustler Magazine parody featured Reverend Jerry Falwell, a nationally known fundamentalist minister, describing his "first time" as being incest with his mother in an outhouse, and saying that he always gets "sloshed" before giving his sermons. The advertisements use double entendres to give the reader the impression that the "first time" refers to the celebrity's first sexual experience. Campari advertisements consist of interviews with famous people about the first time they drank Campari. ("Hustler") published a parody of Campari liquor advertisements.
![hustler magazine covers 1975-1982 hustler magazine covers 1975-1982](https://img4.bdbphotos.com/images/150x200/n/s/ns4jrg980hlx98l9.jpg)
In the November 1983 and March 1984 issues of Hustler Magazine, appellant Hustler Magazine, Inc. Hustler appeals and both sides request costs and attorney fees. The district court granted the defendants' summary judgment motion, holding that their copying constituted "fair use," 606 F.Supp. sued Moral Majority, Inc., Old Time Gospel Hour, and Falwell for copyright infringement. Falwell also solicited contributions while displaying the parody on the Old Time Gospel Hour, a television show. and Old Time Gospel Hour mailed hundreds of thousands of copies of the parody as part of a solicitation drive. published a parody featuring Reverend Jerry Falwell.
![hustler magazine covers 1975-1982 hustler magazine covers 1975-1982](https://s2.studylib.es/store/data/006518608_1-6eb52a40475bea1579b5e0fa419dd7d7-768x994.png)
Jewel Bjork, Grutman, Miller, Greenspoon, Handler & Levin, New York City, for defendants-appellees.īefore PREGERSON and POOLE, Circuit Judges, and SOLOMON, Senior District Judge. Carson, Cooper, Epstein, & Hurewitz, Beverly Hills, Cal., for plaintiff-appellant. United States Court of Appeals, Ninth Circuit. MORAL MAJORITY, INC., a District of Columbia Corporation Old Time Gospel Hour, a Virginia Corporation and Jerry Falwell, an individual, Defendants-Appellees. 796 F.2d 1148 (1986) HUSTLER MAGAZINE, INC., Plaintiff-Appellant,