What is rhetorical hyperbole?

Rhetorical hyperbole:


  1. A defense in law in cases of the tort of defamation.
  2. My blog
Rhetoric is the "art of persuasive or impressive speaking or writing; language designed to persuade or impress." (Concise Oxford English Dictionary, Sixth Edition.) In this sense, this blog is definitely rhetorical. I endeavour to persuade by presenting information, backed up by authoritative sources wherever I can, to inform and persuade. In general we are looking at social scientific issues. I'm afraid you will notice a somewhat liberal slant to the discussion: I find it much easier to find data to support a more progressive position than a conservative position. But I do try to look at issues from multiple, hopefully balanced, viewpoints, and to show understanding for other positions even when they are not supported by facts. Very often these positions derive from "common sense" which, as Duncan Watts demonstrates admirably in his book Everything is Obvious (Once You Know the Answer): How Common Sense Fails Us, is frequently derived from social norms or biases, or from faulty heuristics.
Hyperbole is a form of rhetoric, comprising "exaggerated statement not meant to be taken literally." (ibid.). Thus the term rhetorical hyperbole is an oxymoron, but it has a nice ring to it which is why it is the name of this blog. (My parallel blog which concentrates more on matters of faith--Reflecture--has a similarly storied origin for its name.) In fact, hyperbole is something you are unlikely to find here. I avoid exaggeration (although my innate sarcasm will occasionally poke through) so that everything in this blog can be taken literally.
Rhetorical hyperbole is emotional, exaggerated name-calling that a reasonable person would not take as fact. Let's look at an example:
In the early 1980s, Campari ran a series of ads featuring celebrities (e.g. Jill St. John) talking about their "first time". The double entendre between first time sex and (the actual meaning) first time tasting Campari was intentional and obvious. On the inside front cover of Hustler Magazine's November 1983 issue appeared a parody of the ads, featuring Jerry Falwell's "first time".
Copying the form and layout of these Campari ads, Hustler's editors chose respondent as the featured celebrity and drafted an alleged "interview" with him in which he states that his "first time" was during a drunken incestuous rendezvous with his mother in an outhouse. The Hustler parody portrays respondent and his mother as drunk and immoral, and suggests that respondent is a hypocrite who preaches only when he is drunk. In small print at the bottom of the page, the ad contains the disclaimer, "ad parody - not to be taken seriously." The magazine's table of contents also lists the ad as "Fiction; Ad and Personality Parody." (Hustler Magazine, Inc. v. Falwell, 485 U.S. 46 (1988))
Falwell sued Hustler Magazine and Larry Flynt for defamation and for intentional infliction of emotional distress. The jury found for the respondents (Hustler/Flynt) on the charge of defamation: the ad clearly fell in the categories of rhetorical hyperbole and parody, and was thus immune from the need to demonstrate a factual basis for the claim that, for example, Falwell's first sexual encounter was with his mother in an outhouse outside Lynchburg, Virginia. But they found for the complainant on the emotional distress charge. On appeal the findings were upheld, and Hustler appealed to the Supreme Court. In a decision with no dissent, the court found--citing the First Amendment--that they could could not award damages for emotional distress since the definition of "outrageous" conduct was too open to jury members opinion in a case involving a prominent public figure like Jerry Falwell.
It is ironic that I write this on Tuesday, 8 November 2016--election day. This election has featured one candidate who has been routinely defamed with blatant untruths, and another who has threatened to sue almost everyone who has disagreed with him. (I warned you I would tend to lean liberal.) Let us hope that the coming year will see less rhetorical hyperbole in politics! In this blog, as in my vote, I will try to emphasize understanding and inclusiveness over anger, hate, and divisiveness.

13 comments:

  1. The CA Judge in the Stormy Daniels case may make your blog get some views. They mentioned Rhetorical Hyperbole as the reason to dismiss the case vs Trump's Tweet.

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    1. Thanks for letting me know! Anything to get views.

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  2. The first commenter is right. I ended up reading this article because I looked up the definition of rhetorical hyperbole after reading about Stormy Daniel's lawsuit. Now next time Trump tweets something outrageous about someone he doesn't like, someone needs to ask him if he's being literal or if it's just more rhetorical hyperbole and not to be taken seriously. Maybe he'll open himself up to lawsuit then... :)

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  4. You can thank trump for me reading your blog as well.

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  5. I'm also here because of the Stormy Daniels ruling. So how often do defamation suits actually end up in favor of the plaintiff if the defendant can just say after the fact that it wasn't meant to be taken seriously? What if people think they are being serious and act on that even if the person making the statement says they weren't being serious? For me (I live in MD) it brings up concerns about Trump's language about the media and the shootings that happened at the Capital Gazette. It feels like at some point a person's intentions shouldn't matter if other people don't know or understand that they are using rhetorical hyperbole.

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  6. You have an excellent point. Defamation law suits are very difficult to win, and only about 13% are successful (see https://www.huffingtonpost.com/daniel-j-solove/the-slow-demise-of-defama_b_758570.html).
    The central issue is the difference between intent and effect, and this is where in law the "reasonable person" test is applied. Whatever your intent, if a reasonable person would predict the effect, then the case can be decided based on the effect rather than the intent. It is used most often, I would guess, in cases like reckless endangerment: for example, it may have been your intent to keep your two-year-old amused by giving her a cigarette lighter while you had some beers with your friends, but a reasonable person could foresee that the child may start a fire.
    As you point out, the issue is going to be increasingly important as social media expands.

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  7. Thanks Robert for your blog, I too found you as a result of a rhetorical hyperbole President benefiting from stacking the courts with conservative judges. Thanks again, now I know why I don’t take our President seriously.

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  8. So rhetorical hyperbole is when liberals/progressives/democrats refer to conservatives as "nazis"?

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    1. No. But if a conservative sued a liberal for defamation over being called a Nazi, the liberal could assert that he was using rhetorical hyperbole as a defense. (It would have been more accurate if you had said, "So, when liberals/progressives/democrats refer to conservatives as 'nazis,' this is rhetorical hyperbole?")
      There are two issues to your comment. One is the use of "name calling." When it is used to discredit an individual, it is called ad hominem (or argumentum ad hominem), meaning argument against the man. It is "a fallacious argumentative strategy whereby genuine discussion of the topic at hand is avoided by instead attacking the character, motive, or other attribute of the person making the argument, or persons associated with the argument, rather than attacking the substance of the argument itself" (Wikipedia, citing https://aphilosopher.files.wordpress.com/2010/09/42-fallacies.pdf). So when a liberal refutes some point being made by a conservative, say, that college admission should should treat all applicants equally and therefore not take into account race, by saying, "You're a Nazi!" then he has committed the fallacy of argumentum ad hominem. Similarly, when Mr. Trump attempts to refute the assertion that Dr. Ford was sexually assaulted by Justice Kavenaugh by saying, "She's a horseface!" then he has committed the same fallacy. In case you were wondering, my point is that a liberal calling a conservative Nazi instead of addressing the content of the argument would indeed be wrong.
      The other issue with your comment is the implication that "liberals/progressives/democrats," by which we are to infer all people who identify (or whom you identify) as a liberal, progressive, or democrat, call "conservatives," by which we are to infer all people with conservative views, Nazis. This kind of generalization is a problem, committed by both sides of the current political divide. People who espouse generally conservative views and people who espouse generally liberal views are all individuals, with rich and diverse opinions. And to assert that they all behave in a particular way is clearly false, and frankly insulting (which, I would guess, was your intention).

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