Court Rules Against Hustler in Benoit Case

ATLANTA —A federal appeals court ruled Thursday that Hustler magazine did not have the right to publish nude photos of the late Nancy Benoit.

The 11th Circuit Court of Appeals ruled that a highly-publicized death does not give the media the right to publish any images they desire — even if its not directly linked to the event.

The three-judge panel ruled that while Benoit’s death may be newsworthy, the decades-old photographs were not.

Benoit is a former professional wrestling personality who was killed by her husband, wrestler Chris Benoit, in late June 2007. Chris Benoit also killed the couple's 7-year-old son at the family’s Fayetetteville, Ga., home before taking his own life.

“These private, nude photographs were not incident to a newsworthy article,” Judge Charles Wilson wrote in his opinion,” rather, the brief biography was incident to the photographs. Additionally, these photographs were neither related in time nor concept to the current incident of public interest. We hold that these photographs do not qualify for the newsworthiness exception to the right of publicity.”

Maureen Toffoloni, Nancy Benoit’s mother and the administrator of her estate, had sought punitive damages from Hustler after it published the photos Mark Samansky took of her daughter in 1983 in its March 2008 issue.

The lawsuit, which claims that Benoit had asked the photographer to destroy the images immediately after they were shot, was dismissed in October when U.S. District Court Judge Thomas Thrash ruled that Samansky did not violate the privacy of Benoit and that Hustler had the right to publish the photos partly because her death was a “legitimate matter of public interest and concern.”

The decision sends the lawsuit back to the lower court for consideration.

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Eve Sweet on Turning Sexual Energy Into Crowning Glory

‘I was literally crossing my fingers,” says Eve Sweet, recalling the moment just before her name echoed through the Theater Amsterdam and she walked onstage to be crowned 2025 Euro XMAs Female Performer of the Year. “I was thinking, ‘Please, I worked very hard for this.’”

Orion Debuts 5 New Styles From 'Cottelli Party' Line

Orion Wholesale has expanded its Cottelli Party line with five new styles.

Octavia Red Makes Wicked Debut in 4th Installment of 'Viewer Discretion Advised'

Octavia Red has made her Wicked Pictures debut in the fourth scene from the studio's latest feature, "Viewer Discretion Advised."

OnlyFans Institutes Criminal Background Checks for US Creators

OnlyFans will screen creators in the United States for criminal convictions, CEO Keily Blair has announced in a post on LinkedIn.

Kimmy Kimm Lands Cover of Playboy Sweden

Playboy magazine’s Swedish edition has selected Kimmy Kimm as the cover model for its Nov. issue.

Lilly Bell Stars in Latest From Girlsway

Reigning XMAs Girl/Girl Performer of the Year Lilly Bell stars with Blake Blossom in “Roleplay with Me: The Case of the Canceled Party,” from Girlsway.

Madison Morgan Performs 1st Anal, Makes Elegant Angel Debut in 'Big Wet Asses 33'

Madison Morgan performs her first anal scene and makes her Elegant Angel debut in the thirty-third volume of "Big Wet Asses."

Honey Play Box, Dildos Assorted Ink European Distro Deal

Honey Play Box has signed a deal with Dildos Assorted (DA) for distribution throughout Southern Europe.

Calvista, Lovense Sign Exclusive Australia/New Zealand Distro Deal for 'Spinel'

Calvista has signed an exclusive Australian and New Zealand distribution deal for Lovense's Spinel thrusting and heating dildo.

Zariah Aura, Yhivi Front Latest From TransSensual

Zariah Aura and Yhivi star in the latest scene from Mile High Media studio imprint TransSensual, titled “Two Slutty Clowns.”

Show More