The First Amendment

Looks at the recent and contentious Fifth Circuit decision in Herceg v. Hustler Magazine, Inc., 814 F.2d 1017 (5th Cir. Apr. 1987), cert. denied, (U.S. Mar. 21, 1988) (No. 87-113), and the holding’s implications for the Court’s First Amendment jurisprudence. The author concludes by recognizing that the questions presented in this case strike at the very heart of an inherent tension between unfettered expression and larger societal interests.