Derek and the Supremes

Derek Smith
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Derek and the Supremes is where Supreme Court drama meets real life. ⚖️🔥 Hosted by trial attorney Derek Smith, each episode dives into one explosive decision from the Supreme Court of the United States — the wild facts, the legal showdown, and the ruling that changed America. From free speech fights to absurd disputes (yes, even tomatoes), when the Court speaks, it’s game over. One case. One ruling. Law of the land.

Episodes

  1. Oct 8

    Hustler v. Falwell: The Supreme Court Case That Protected Satire.

    It started with a cheeky Campari ad campaign about "your first time." It ended with Hustler Magazine v. Falwell, a unanimous Supreme Court ruling that still helps protect political cartoons, parody, and late-night comedy aimed at public figures. In November 1983, Hustler ran a fake Campari ad starring Jerry Falwell, the televangelist behind the Moral Majority. It was about as vicious as parody gets, and Falwell sued Larry Flynt and his magazine for $45 million. Then things got strange. Falwell's own organization mailed copies of the ad to about 27,000 donors to raise money. Flynt turned around and sued Falwell for copyright infringement over those copies. In the middle of it all, Flynt got himself arrested inside the Supreme Court for cursing at the justices during a different Hustler case. Derek breaks down the twist most people miss. The jury rejected Falwell's libel claim, finding that no reasonable reader would take the ad as fact. Falwell still won $200,000, for intentional infliction of emotional distress. That verdict opened a dangerous back door: can't prove a lie? Call it "outrageous" and collect. The Supreme Court shut that door. In an 8-0 opinion by conservative Chief Justice William Rehnquist, the Court ruled for Flynt. It held that public figures can't recover for emotional distress over a parody like this without proving a false statement of fact made with actual malice. The Court never called the ad decent. It simply refused to make disgust a cause of action. Plus: how the preacher and the pornographer went from sworn enemies to sharing debate stages on college campuses and, by Flynt's account, swapping Christmas cards. And the surprising origin of Flynt's most famous line. Pour yourself a Campari and soda. Like free speech, it's an acquired taste. Hosted by Derek Smith, founding attorney of Derek Smith Law Group, PLLC. 800-807-2209 | dereksmithlaw.com Attorney Advertising. This podcast is for educational and entertainment purposes only and is not legal advice. Listening does not create an attorney-client relationship.

  2. Oct 8

    Hustler v. Falwell- The Supreme Court Case That Protected Satire.

    It started with a cheeky Campari ad campaign about "your first time." It ended with Hustler Magazine v. Falwell, a unanimous Supreme Court ruling that still helps protect political cartoons, parody, and late-night comedy aimed at public figures. In November 1983, Hustler ran a fake Campari ad starring Jerry Falwell, the televangelist behind the Moral Majority. It was about as vicious as parody gets, and Falwell sued Larry Flynt and his magazine for $45 million. Then things got strange. Falwell's own organization mailed copies of the ad to about 27,000 donors to raise money. Flynt turned around and sued Falwell for copyright infringement over those copies. In the middle of it all, Flynt got himself arrested inside the Supreme Court for cursing at the justices during a different Hustler case. Derek breaks down the twist most people miss. The jury rejected Falwell's libel claim, finding that no reasonable reader would take the ad as fact. Falwell still won $200,000, for intentional infliction of emotional distress. That verdict opened a dangerous back door: can't prove a lie? Call it "outrageous" and collect. The Supreme Court shut that door. In an 8-0 opinion by conservative Chief Justice William Rehnquist, the Court ruled for Flynt. It held that public figures can't recover for emotional distress over a parody like this without proving a false statement of fact made with actual malice. The Court never called the ad decent. It simply refused to make disgust a cause of action. Plus: how the preacher and the pornographer went from sworn enemies to sharing debate stages on college campuses and, by Flynt's account, swapping Christmas cards. And the surprising origin of Flynt's most famous line. Pour yourself a Campari and soda. Like free speech, it's an acquired taste. Hosted by Derek Smith, founding attorney of Derek Smith Law Group, PLLC. 800-807-2209 | dereksmithlaw.com Attorney Advertising. This podcast is for educational and entertainment purposes only and is not legal advice. Listening does not create an attorney-client relationship.

    Hustler v. Falwell- The Supreme Court Case That Protected Satire.

  3. Feb 19

    PGA Tour Inc. vs. Martin: The Supreme Court case that defined what golf is.

    In this episode of Derek and the Supremes, we break down the golf, the grit, and the Supreme Court ruling that reshaped sports law. Before he stood before the Supreme Court of the United States, Casey Martin was a golf prodigy — 17 Oregon junior titles by age 15, a Stanford scholarship, three-time All-Pac-10 selection, and part of a national championship team. He even redshirted alongside his best friend Notah Begay III to play one more season with a freshman named Tiger Woods. But a degenerative leg condition would push his career into a different arena — a courtroom battle with the PGA Tour that became the landmark case PGA Tour, Inc. v. Martin.

  • 3 Episodes

About

Derek and the Supremes is where Supreme Court drama meets real life. ⚖️🔥 Hosted by trial attorney Derek Smith, each episode dives into one explosive decision from the Supreme Court of the United States — the wild facts, the legal showdown, and the ruling that changed America. From free speech fights to absurd disputes (yes, even tomatoes), when the Court speaks, it’s game over. One case. One ruling. Law of the land.

Information

  • Creator
    Derek Smith
  • Years Active
    2026
  • Episodes
    3
  • Rating
    Explicit
  • Copyright
    © Derek Smith
  • Show Website
    Derek and the Supremes