Flynt appealed to the Fourth Circuit. The Fourth Circuit affirmed, rejecting Flynt's argument that the actual-malice standard of "New York Times Company v. Sullivan," applied in cases of intentional infliction of emotional distress where the plaintiff was a public figure, as Falwell concededly was. The "New York Times" standard focused too heavily on the truth of the statement at issue; for the Fourth Circuit, it was enough that Virginia law required the defendant to act intentionally. After the Fourth Circuit declined to rehear the case en banc, the U.S. Supreme Court granted Flynt's request to hear the case.