The Blaze: “Hustler” smears S.E. Cupp; Update: Planned Parenthood, Sandra Fluke denounce

posted at 1:23 pm on May 23, 2012 by Allahpundit

Follow the link to see what I mean. Pure degradation, and not the first time an “adult magazine” has taken special aim at conservative women. Playboy did it too with their “hate f***” piece in 2009, but that got pulled after the outcry threatened the mag’s reputation for being kinda sorta respectable. How do you shame “Hustler,” though?

Better question: Can she sue? My gut reaction was no, partly because “Hustler” has famously been down this constitutional road before and came out a big winner. But note the fine print in that decision:

This case presents us with a novel question involving First Amendment limitations upon a State’s authority to protect its citizens from the intentional infliction of emotional distress. We must decide whether a public figure may recover damages for emotional harm caused by the publication of an ad parody offensive to him, and doubtless gross and repugnant in the eyes of most. Respondent would have us find that a State’s interest in protecting public figures from emotional distress is sufficient to deny First Amendment protection to speech that is patently offensive and is intended to inflict emotional injury, even when that speech could not reasonably have been interpreted as stating actual facts about the public figure involved. This we decline to do…

We conclude that public figures and public officials may not recover for the tort of intentional infliction of emotional distress by reason of publications such as the one here at issue without showing in addition that the publication contains a false statement of fact which was made with “actual malice,” i. e., with knowledge that the statement was false or with reckless disregard as to whether or not it was true.

The image in the Falwell case was a caricature; no one could have mistaken it for reality. A photoshop is different. The question for the court would be whether the disclaimer that “Hustler” posted alongside the image of Cupp is enough to make clear that it’s a parody or whether, in the age of the Internet and Google Images, the image has to be considered in isolation. (In that case, would they be off the hook if they simply slapped a “Satire” label in the corner of the image itself? Probably.) A separate question is what claim(s) Cupp would assert and whether the legal standards for each would be materially different. Remember, the Falwell case wasn’t a defamation claim, it was a claim of intentional infliction of emotional distress, although the legal touchstone that a public figure needs to show “actual malice” is the same in both. Could Cupp show that “Hustler” had reckless disregard for the truth here notwithstanding the big disclaimer next to the photoshop? It’d be a heavy lift, but we might get to find out.

Here she is chatting with Beck about it this morning. Exit quotation from her statement to The Blaze: “The outrage of Sandra Fluke will not be matched on my side. It seems that feminism has devolved into an institution that has picked losers and winners and has decided that some women qualify for respect and other women do not.”

Update: This is starting to get some movement on the left now, with Planned Parenthood and Sandra Fluke tweeting their condemnations of “Hustler.”


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155.

Dr. Tesla on May 24, 2012 at 3:09 AM

steebo77 on May 24, 2012 at 3:09 AM

Steebo, you seem to be stalking me. What’s the problem.

Dr. Tesla on May 24, 2012 at 3:12 AM

Damn steebo….thats messed up

tom daschle concerned on May 24, 2012 at 3:15 AM

Dr. Tesla on May 24, 2012 at 2:50 AM

You are an assh*le…and I’m wondering what special “favors” you do here at HA to warrant the special treatment…

lovingmyUSA on May 24, 2012 at 3:29 AM

steebo77 on May 24, 2012 at 3:04 AM

Are your eyes uncrossed yet? My God, it made my brain hurt…

Too bad Dr. T is to busy giving his special favors to whomever is keeping him around to pollute the threads. Funny, the arbitrary use of the ban hammer..

lovingmyUSA on May 24, 2012 at 3:33 AM

loving, I don’t hink you know how tough they are on me. And I don’t call people vulgar names as you just did.

Dr. Tesla on May 24, 2012 at 3:33 AM

Dr. Tesla on May 24, 2012 at 3:12 AM

156.

steebo77 on May 24, 2012 at 3:34 AM

Dr. Tesla on May 24, 2012 at 3:33 AM

157.

steebo77 on May 24, 2012 at 3:35 AM

loving,

I don’t know who annointed you to the role of deciding who gets banned. I don’t what you are mad about and I can’t read your mind.

I don’t know how I can pollute a thread about what Hustler did to S.E. Cupp. It’s not a clean story to begin with.

Dr. Tesla on May 24, 2012 at 3:35 AM

Dr. Tesla on May 24, 2012 at 3:35 AM

158.

TigerPaw on May 24, 2012 at 4:03 AM

Dr. Tesla on May 24, 2012 at 3:35 AM

158.

TigerPaw on May 24, 2012 at 4:03 AM

ED…ALLAH…THIS! HOW FRICKING LONG ARE YOU GOING TO ALLOW THIS??? Is this really your idea of how you want HA to exist? As a freak farm? Is Dr. T your pet pony?

lovingmyUSA on May 24, 2012 at 4:17 AM

I’ve posted on one thread only, and one that had already preetty much run it’s course, and she still can’t handle it.

Dr. Tesla on May 24, 2012 at 4:21 AM

Guess you forgot the QOTD thread, where you drooled over bmore..

lovingmyUSA on May 24, 2012 at 4:31 AM

Though I must admit, Dr. T, you did a good job of pimping for Allah…

lovingmyUSA on May 24, 2012 at 4:32 AM

Though I must admit, Dr. T, you did a good job of pimping for Allah…

lovingmyUSA on May 24, 2012 at 4:32 AM

I don’t even know what this is supposed to mean. Do you know what a pimp is?

Dr. Tesla on May 24, 2012 at 4:36 AM

Wow, Tesla…

Cocaine is a hell of a drug.

Dongemaharu on May 24, 2012 at 5:38 AM

Pardon me if I don’t wish to be involved in the mass dick-measuring going on here, but S.E. Cupp (C Cup?), silly nom de plume or not, did nothing to merit this slander aside from being conservative. The stinking vomitous mass (Flynt) acknowledges as much but attacked her anyway. The denouncement by PP (heard anything from NOW yet?) is a no-brainer. Hustler is an easy target for the left or right and costs them nothing. That AP would even mention the Fluke character just gets a big WTF from me.
I understand the position of those who think that ignoring Hustler is the right tack, but some assaults just beg too much for a response. I admit to being a vindictive sort and I look forward to reading Flynt’s obit…soon I hope.

SKYFOX on May 24, 2012 at 5:40 AM

Could Cupp show that “Hustler” had reckless disregard for the truth here notwithstanding the big disclaimer next to the photoshop?

Yeah, good luck with that. There’s not a chance in hell that argument will fly in any court in this country.

xblade on May 24, 2012 at 5:59 AM

Planned Parenthood and Sandra Fluke tweeting their condemnations of “Hustler.”

Blind squirrel… nut.

Broken clock… 2x/day.

petefrt on May 24, 2012 at 6:03 AM

12 hours.
153 posts.
Too many synaptic misfires to count.

One giant cry for help.

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Add an additionl 3+–nothing like spamming a thread while looking at yourself in the mirror. Quite a feat typing one-handed…

lovingmyUSA on May 24, 2012 at 6:39 AM

C’mon, Ed, AP. Can’t something be done about this spammer?

kingsjester on May 24, 2012 at 7:08 AM

KJ…and it wasn’t even intelligent conversation…AND he THREATENED a commenter here…wasn’t Racecard banned for such an offense?

lovingmyUSA on May 24, 2012 at 7:26 AM

lovingmyUSA on May 24, 2012 at 7:26 AM

I was following the “conversation” yesterday. He adds nothing around here but self-aggrandizement.

kingsjester on May 24, 2012 at 7:28 AM

Yeah, something is fishy about this whole Dr. T thing…Why the special priviledges? I mean he threatened to take a HA commenter out behind Walmart and beat the shite outta him, and then he spammed the whole thread. And what’s with the threatening comment mysteriously “disappearing”, without a mention of it by AP or Ed? No “tsk, tsk” even…that’s the really fishy part–how the comment just disappeared. Luckily MadCon saved it, so we could see what the good Dr. wrote. I don’t dare post it, cause it would get ME banned.

If I am not seen again, you can find me here

lovingmyUSA on May 24, 2012 at 7:39 AM

kingsjester on May 24, 2012 at 7:28 AM

Oh, I don’t know. I think we are watching some kind of sociological experiment, I’m just not sure what it is we are observing and what we’re trying to prove in the end.

Cindy Munford on May 24, 2012 at 8:23 AM

I wonder how Moooshele would look with a O()(* in her mouth. Imagine the backlash if it was some die hard leftie getting the photo here.

watertown on May 24, 2012 at 8:44 AM

Can she sue? My gut reaction was no, partly because “Hustler” has famously been down this constitutional road before and came out a big winner.

All of these types of cases tend to come down to whether the judge is a liberal or conservative. The problem is that only the conservatives actually believe in the law and will try to preside over what the law actually says.

jeffn21 on May 24, 2012 at 8:49 AM

Tesla makes you wonder.. are we being toyed with by one of the hosts here?.. using a sock puppet to stir up trouble just to gin up the comments..

just saying..

and if I get banned for that.. I suppose that answers the question.

mark81150 on May 24, 2012 at 9:17 AM

Twitter without the wit or the “ter”.

rogerb on May 24, 2012 at 9:25 AM

mark81150 on May 24, 2012 at 9:17 AM

My bet is that he’s a fairly well known blogger looking to gin up and then mine some choice and sterotypical conservative comments. Then post them on his site.

hawkdriver on May 24, 2012 at 9:28 AM

hawkdriver on May 24, 2012 at 9:28 AM

My bet is that he’s an unemployed loser with a substance addiction.

MadisonConservative on May 24, 2012 at 9:32 AM

Mornin’, all.

annoyinglittletwerp on May 24, 2012 at 9:33 AM

Tesla makes you wonder.. are we being toyed with by one of the hosts here?.. using a sock puppet to stir up trouble just to gin up the comments..

just saying..

and if I get banned for that.. I suppose that answers the question.

mark81150 on May 24, 2012 at 9:17 AM

Starting to wonder myself. I doubt it, but just the spamming alone should be dealt with.
TThat onne gives me a major creep vibe.

katy the mean old lady on May 24, 2012 at 9:34 AM

We seem to have “imported” several creeps during those dual open registrations.

kingsjester on May 24, 2012 at 9:38 AM

If Tesla is used to drive up traffic, good luck. He drives me OFF a thread. Why is he beng fed? Im the past, ingnoring him makes him go away.

katy the mean old lady on May 24, 2012 at 9:40 AM

Hustler? When was the last time people spoke this much about Hustler?

Really, people. This parody argument was settled long ago. Of course it is stupid, it’s Hustler magazine.

Moesart on May 24, 2012 at 10:42 AM

What does NOW have to say? chirp, chirp, chirp says the cricket.

jake49 on May 24, 2012 at 10:46 AM

Hustler Smears S.E. Cupp
Dr. Nikola Tesla Hardest Hit

spiritof61 on May 24, 2012 at 10:59 AM

Guess you forgot the QOTD thread, where you drooled over bmore..

lovingmyUSA on May 24, 2012 at 4:31 AM

Hey! What did I do? I’m male is the Dr. Gay? Cause I ain’t into that. Not that there is anything wrong with that. But I loves the ladies. ; )

Bmore on May 24, 2012 at 11:04 AM

Dr. Tesla on May 24, 2012 at 4:21 AM

159.

Dr. Tesla on May 24, 2012 at 4:36 AM

160.

steebo77 on May 24, 2012 at 11:50 AM

Finally a dead thread. Remarkable.

Bmore on May 24, 2012 at 12:30 PM

Let’s see what Tesla and Larry Flynt look like in the same type of photoshop Hustler published about S.E.C. Wonder who would be outraged?

ultracon on May 24, 2012 at 12:54 PM

SEC rules !

FlaMurph on May 24, 2012 at 1:32 PM

Of course there is this.

Bmore on May 24, 2012 at 2:28 PM

I know this sounds bad, but my impression of S. E. Cupp is that she is the bad bad preacher’s daughter. Maybe that is wishful thinking.

Dr. Tesla on May 24, 2012 at 1:12 AM

You’re no better than Hustler. You keep boiling her down to her looks and nothing but her looks. We’re people too, Doc. I know that’s crazy talk, but even women can get into Harvard now and write for a living.

Somehow Beck turns the S.E. Cupp interview to talk about the crying picture of him that he claims is false (I don’t doubt this). Doesn’t seem quite as bad as being on Hustler though.

Dr. Tesla on May 24, 2012 at 2:28 AM

It’s not as bad, but Beck’s point is that the picture will stay with him forever, though the truth (that he was tricked) will not. The comparison he’s making there is pretty obvious, don’t you think? That this picture (which you should just look at, btw, as the offending parts are blurred anyway), will stay with S.E. for the rest of her life and may even be used against her by those who have no idea it’s fake.

Ok, she’s against abortion. I didn’t think she was a social conservative for some reason.

Dr. Tesla on May 24, 2012 at 2:30 AM

That’s because you know NOTHING about her and have done nothing but judge her by her appearance, because that’s all women are to you.

The WHOLE REASON she was picked for this (which you’d know if you at least read the quoted portions of the article) is because she wants PP defunded.

And she’s famous for more than Beck’s show. She wrote a book defending religion, from the perspective of an atheist no less.

You’d know all of this if you cared more about her mind than her looks.

Esthier on May 24, 2012 at 2:51 PM

Esthier,

I think much of her success is due to her looks. I think she flaunts her looks. She and Beck even did this Maxim photo shoot gag which is based on her looks. I think she’s also plays up the fact she’s an atheist as a branding thing.

I can’t prove any of this but I’m free to think it. I don’t care much either way.

I’m nothing like Hustler. Hah. I have not even looked at the pic, most of the people talking about the pic probably saved it to their computer and made it their desktop background pic.

You are not S. E. Cupp are you?

Dr. Tesla on May 24, 2012 at 2:59 PM

I do want to point out that S. E. Cupp is a regular guest on Bill Maher’s show and as far as I know, she’s never criticized him for his sexist and just generally mean statements in the past. I could be wrong, but i couldn’t find any quotes where she condemns him.

Dr. Tesla on May 24, 2012 at 3:02 PM

I think it’s possible S. E. Cupp is more interested in getting on tv and selling books than conservatism in general. I think she sees conservatives as a market she can tap into for personal gain. There’s nothing wrong with that but nothing wrong with me thinking it either.

Dr. Tesla on May 24, 2012 at 3:03 PM

Let’s see what Tesla and Larry Flynt look like in the same type of photoshop Hustler published about S.E.C. Wonder who would be outraged?

ultracon on May 24, 2012 at 12:54 PM

I don’t see how you logically can compared what I have saida bout this to Larry Flynt. I don’t know if you are stupid or smarmy but neither is good.

Dr. Tesla on May 24, 2012 at 3:37 PM

It’s official. This thread is now good for nothing but being used to post links to things like cute LOL cat photos. Such as this one:
Kitty Wedding

TigerPaw on May 24, 2012 at 3:59 PM

That’s because you know NOTHING…

Esthier on May 24, 2012 at 2:51 PM

All you needed to type, babe. I’d recommend not wasting another keystroke on that little jizzrag.

MadisonConservative on May 24, 2012 at 4:17 PM

All you needed to type, babe. I’d recommend not wasting another keystroke on that little jizzrag.

MadisonConservative on May 24, 2012 at 4:17 PM

Mad, I’ve never seen such blatant sexism at this site. Not even our trolls are this Bill Maherish.

Esthier on May 24, 2012 at 5:02 PM

I think much of her success is due to her looks. I think she flaunts her looks. She and Beck even did this Maxim photo shoot gag which is based on her looks. I think she’s also plays up the fact she’s an atheist as a branding thing.

All of your 2 seconds of googling showed you this?

Also, much of her success? I don’t recall colleges asking for my picture when I applied, and presumably Harvard is no exception, otherwise Warren would have lost her “minority” edge.

I can’t prove any of this but I’m free to think it. I don’t care much either way.

Pigs are always free to think whatever they want, just like the rest of us. I’m also free to point out what a sexist it makes you to judge this woman solely by her looks while expressing pride in yourself for not even bothering to read what young, pretty women have to say (except for Tina, just cause).

I’m nothing like Hustler. Hah. I have not even looked at the pic, most of the people talking about the pic probably saved it to their computer and made it their desktop background pic.

It’s not a sexual picture by any means, and you are doing EXACTLY what Hustler did to S.E., reducing her to nothing more than a degraded image of femininity.

You are not S. E. Cupp are you?

Dr. Tesla on May 24, 2012 at 2:59 PM

Just as much as you are Larry Flynt.

Esthier on May 24, 2012 at 5:09 PM

I do want to point out that S. E. Cupp is a regular guest on Bill Maher’s show and as far as I know, she’s never criticized him for his sexist and just generally mean statements in the past. I could be wrong, but i couldn’t find any quotes where she condemns him.

Dr. Tesla on May 24, 2012 at 3:02 PM

As far as you know? And how much do you know exactly? You refuse to read anything she’s written and hadn’t even heard of her until yesterday. What makes you think you’re at all qualified to comment on this?

I don’t see how you logically can compared what I have saida bout this to Larry Flynt. I don’t know if you are stupid or smarmy but neither is good.

Dr. Tesla on May 24, 2012 at 3:37 PM

If intelligence is the issue here, it’s not the person’s you’re responding to that’s causing the disconnect.

Esthier on May 24, 2012 at 5:17 PM

TigerPaw on May 24, 2012 at 3:59 PM

Not that I meant that as a knock against LOL Cats. I think they’re great.

Esthier – the person to whom you’re corresponding doesn’t give a whit either way about S E Cupp, Hustler, Larry Flynt, sexism, or feminism. He’s a troll and is only looking to get a rise out of you and other people.

TigerPaw on May 24, 2012 at 5:28 PM

Well, this is all the proof I needed. Racecard was banned for doing almost the same thing that Dr. T did, and not only that, T was allowed to spam a thread. BLATANT FAVORITISM, or AP’s sock puppet pimping out the thread. Kind of pathetic, dont you think, AP? Are you that insecure, or does this Dr. T have you by a certain appendage that you are allowing him to spam and threaten in a thread?

lovingmyUSA on May 24, 2012 at 5:36 PM

He’s on the new S E Cupp thread now. I hope that one doesn’t get derailed either. I hope nobody replies to him on that one.

TigerPaw on May 24, 2012 at 5:39 PM

12 hours.
153 posts.
Too many synaptic misfires to count.

One giant cry for help.

Dr. Tesla on May 23, 2012 at 3:10 PM
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As I recall, when it first started posting – OPEN REGISTRATION, GREAT IDEA – it was a smarmy “lookit me im a pursuing an engineering major so im smarty-smart smart” college student. Now it’s a cancer survivor and a parent. Yet, the way it posts would put it somewhere between 16-22.

Jeddite on May 24, 2012 at 6:16 PM

Jeddite on May 24, 2012 at 6:16 PM

Funny! I had left this window open on one of the machines. I’m glad I came back to close it. Good one! ; )

Bmore on May 24, 2012 at 7:55 PM

I have a mechanical engineering degree and work experience.

Me too. Obviously it means nothing. :D

MechanicalBill on May 25, 2012 at 2:13 PM

Yet, the way it posts would put it somewhere between 16-22.

I do like watching young engineers hit the meat grinder of reality. My professor at least warned us about the real world. Some aren’t as lucky. Factors of safety, drag, and efficiencies could often be glossed over for the sake of dealing with a textbook problem. Not here. Not in this place.

MechanicalBill on May 25, 2012 at 2:25 PM

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