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 © 2026 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

Adult Time Drops Latest Installment of 'MILF Overload'

Adult Time has released the latest installment of the Jim Powers-directed series "MILF Overload," titled "Boss Overload."

Jewelz Blu Leads Latest From FreeUse

Jewelz Blu stars with Jimmy Bud in the latest installment of the FreeUse series "Freaky Fembots."

Raissa Bellini, Sarah Arabic Star in Latest From Brazzers

Raissa Bellini and Sarah Arabic star with Victor Ray in the latest release from Brazzers, titled "Spilling Out of Their Loungewear."

CalExotics Expands 'Cheap Thrills' Line of Male Masturbators

CalExotics has added four new pleasure products to its Cheap Thrills line of male masturbators.

Rachel Rampage Makes Her Brazzers Debut

Rachel Rampage has made her Brazzers debut alongside multi-XMAs winner Mick Blue in the studio's latest release, titled "Right Down To Cock Sucking Business."

California Governor Signs Bill Limiting CIPA Claims

Governor Gavin Newsom has signed into law a bill to narrow the scope of the California Invasion of Privacy Act (CIPA), to prevent abusive lawsuits targeting online businesses, including adult websites.

XBIZ Retreat Canada to Debut in Toronto Aug. 16-20

XBIZ Retreat is heading north for the debut of its Canadian edition, bringing its signature hosted-buyer experience to Toronto Aug. 16-20.

Jennifer White, Jessi Rae Lead Latest From Blacked

Reigning XMAs Female Performer of the Year Jennifer White stars alongside Jessi Rae and Isiah Maxwell in the latest release from Vixen Media Group studio imprint Blacked.

SWPA to Host Webinar on Landing Media Coverage for Sexual Wellness Brands

The Sexual Wellness Professional Alliance (SWPA), a division of the Free Speech Coalition, will host a webinar on Wednesday, Oct. 7, offering strategies for sexual wellness brands to attract media coverage.

Evil Angel Drops 'My Fantasy With Rocco'

Evil Angel has released the latest title from director Rocco Siffredi, titled "My Fantasy With Rocco."

Show More