Marcello v. Immigration & Naturalization Service

How later courts describe this case

• finding that the imputation that the plaintiff had committed sexual acts on stage at the Miss America Pageant could not support a libel action when the writing in which the statement appeared was clearly a "fantasy"
• overturning a jury verdict in favor of plaintiff where all witnesses testified that magazine story “could not possibly be about [the plaintiff] as she would not do [the acts alleged in the story]”
• defendants’ bawdy “spoof” and “ridicule” of Miss America pageant entitled to full range of first amendment protection
• Oil spill which resulted from collision between tug and tanker barge on navigable waters is maritime tort.
• in fictional account false statement of facts constitutionally protected as "obviously a complete fantasy"
• held First Amendment considerations applicable to defamation also apply to torts of “false light” and “outrageous conduct”
• in fictional account false statement of facts constitutionally protected “obviously a complete fantasy”