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Authors

Clay Calvert

Document Type

Article

Media Type

Text

Abstract

The protracted and ongoing war in Iraq has spawned several lawsuits in the United States based upon the tort theory of intentional infliction of emotional distress. This article focuses in depth on one of those recent cases, Read v. Lifeweaver, L.L.C., filed in federal court in Tennessee in April 2008. Using Read to illustrate its points, the article argues that the same constitutional safeguards extended by the United States Supreme Court in 1988 in Hustler Magazine v. Falwell against IIED claims filed by public figures should apply in cases like Read where the plaintiffs are private individuals outraged by a political message with which they strenuously disagree. Applying those safeguards to the facts in Read would, the article asserts, protect the antiwar speech at issue in that case.

First Page

51

Last Page

78

Publication Date

11-1-2008

Department

Other

ISSN

0734-1490

Language

eng

Publisher

Northern Illinois University Law Review

Included in

Law Commons

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