S & W SEAFOODS CO. v. Jacor Broadcasting

While I generally share the views of the majority opinion, the present status of the law appears to support the dissent.

Appellee argues that the case of Hustler Magazine v. Falwell, 485 U. S. 46 (108 SC 876, 99 LE2d 41) (1988), although involving a “pub-*238lie figure,” may also apply to a “private figure.” Assuming arguendo this is true, this could leave the door ajar for open season on private as well as public figures. As to public figures under Falwell, with the exception possibly of stating that one is a crook or has committed a crime, almost anything may be said. The language in Falwell…