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

FSC Releases Statement on Wisconsin Governor Vetoing AV Bill

The Free Speech Coalition has released a statement on Wisconsin Governor Tony Evers' veto of the state's age verification legislation.

Lilly Bell, Gizelle Blanco Lead Latest From Girlsway

2025 XMAs Girl/Girl Performer of the Year Lilly Bell stars with Gizelle Blanco in the latest Girlsway release, titled “Door-to-Door Seduction.”

Romi Rain Fronts Latest From New Sensations

Multi-XMAs winner Romi Rain stars with Ken Feels and Nick Strokes in the latest release from New Sensations.

AV Bulletin: West Virginia Enacts AV Law, Wisconsin Bill Vetoed

This roundup provides an update on the latest news and developments on the age verification front as it impacts the adult industry.

Amy Nosferatu, Bobbii Rose Lead Latest From TransAngels

Amy Nosferatu and Bobbii Rose star in the latest release from TransAngels, titled "Hot Loads Only."

Woodhull Survey Reveals Concern Among Sex Educators Over AV Laws' Impact on Access

A national survey of sex educators by the Woodhull Freedom Foundation found that a majority of sex educators and sexual health professionals are concerned that age verification (AV) laws will negatively impact access to information and resources.

Metro Distributors Taps Nancy Cosimini for Sales Account Manager

Metro Distributors has hired industry veteran Nancy Cosimini as its newest sales account manager.

Lulu Chu, Skyla Sun Topline Latest 'Please Make Me Lesbian'

Lulu Chu and Skyla Sun headline the 27th volume of "Please Make Me Lesbian," the latest release from Girlfriends Films.

Penthouse Names Lucy Mochi April's 'Pet of the Month'

Penthouse Magazine has named Lucy Mochi as Pet of the Month for April.

Clips4Sale Wins Trademark Infringement Case Against Fraudulent Domain

The World Intellectual Property Organization (WIPO) has ruled in favor of content platform Clips4Sale in a case against a website using a similar domain to impersonate the site.

Show More