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Mr. Isaacman: Mr. Chief Justice and may it please the Court: libel as we know it, for example, when it's in written form, emotional distress is an. Falwell sued Flynt, Hustler magazine, and Flynt's distribution company in the United States District Court for the Western District of Virginia for libel, invasion of privacy, and intentional infliction of emotional ty‎: ‎Rehnquist, joined by Brennan, Marsh.