Hustler magazine has responded to the faked explicit photo of S.E. Cupp with a two-sentence statement to The Blaze from publisher Larry Flynt.
“That’s satire. I’m able to publish this because of the Supreme Court case I won in 1984, Flynt v. Falwell,” the statement said.
Hustler Magazine v. Falwell was a 1988 U.S. Supreme Court decision that held that the First Amendment protects parodies of public figures as long as they could not be reasonably taken as true.
The case arose after the magazine published a piece in 1983 that claimed Rev. Jerry Falwell had engaged in a drunken incestuous sexual encounter with his mother in an outhouse. It was was decided 8-0.
The photo of Cupp, a GBTV host and conservative commentator, showed her engaging in a sex act with what appears to be a penis in her mouth. It ran in the magazine beside the headline “Celebrity Fantasy” and the question: “What would S.E. Cupp look like with a [d**k] in her mouth?”
A disclaimer beneath it stated: “No such picture of S.E. Cupp actually exists. This composite fantasy is altered from the original for our imagination, does not depict reality, and is not to be taken seriously for any purpose.”