Hustler Wins Right of Publicity Lawsuit Involving Nude Photos

BEVERLY HILLS, Calif. — Hustler magazine and publisher Larry Flynt recorded another victory in defense of the First Amendment, when a federal appeals court on Tuesday sided with Hustler in a dispute over nude pictures of a model published after she was killed by her pro wrestler husband.

In a unanimous decision by a three-judge panel of the U.S. Court of Appeals for the 11th Circuit, the court threw out a jury award of punitive damages in a lawsuit brought by Maureen Toffoloni, the mother of Nancy Benoit, the murdered wife of professional wrestler Chris Benoit. The lawsuit alleged that in publishing nude photographs of Benoit as part of an article about her murder that Hustler violated her right of publicity.

At trial in an Atlanta federal court, the jury awarded Benoit's estate approximately $19.6 million in punitive damages for Hustler's publication of Benoit's images. The trial judge reduced that amount to the Georgia statutory maximum of $250,000, which the court of appeals decision vacated.

On appeal, Hustler argued that even if the nude photographs were not newsworthy, Flynt and his staff honestly believed that their publication was newsworthy and protected by the First Amendment. As a result, any award of punitive damages was unjustified.

In agreeing with Hustler, the 11th Circuit panel found that Toffoloni had failed to refute the testimony of numerous witnesses establishing that Hustler's staff honestly believed in the newsworthiness of the images, and that "no reasonable jury could find by clear and convincing evidence that punitive damages were warranted."

Flynt's longtime attorney Paul Cambria remarked, "Our client is very satisfied with the Court's decision in this matter. While we still believe that publication of the Benoit images was newsworthy, the fact that the jury's punitive damages were vacated is itself a significant victory for those seeking to defend the First Amendment."

Cambria continued, "Editors make reasoned decisions every day as to whether something is or is not news. Had the punitive damages been allowed to stand, it would have signaled that even innocent mistakes as to the newsworthiness of information would be subject to punitive damages. Such a result would have had a chilling effect on the reporting of controversial or emotionally charged subjects.

"As a longtime defender of the First Amendment, Larry Flynt once again chose to make a stand, and he should be applauded for that."

Larry Flynt added, "Free speech is not free; you still have to pay the lawyers."

Related:  

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

Aylo Fined $5 Million as FTC, Utah Settle Safety Practices Complaint

The Federal Trade Commission and the state of Utah on Wednesday settled a complaint against Aylo, requiring the company to pay a $5 million penalty and implement measures to prevent illegal content from appearing on its sites.

Jonni Darkko Directs New Chloe Amour Showcase

Evil Angel has released Jonni Darrko’s Chloe Amour showcase, titled "Mon Amour."

Bella Reid Named Penthouse's 'Pet of the Month' for September

Penthouse Magazine has named Bella Reid as Pet of the Month for September.

Andi Avalon Fronts Latest From New Sensations

Andi Avalon and Ken Feels star in the latest release from New Sensations.

Ricky's Room Drops Final Installment of Baby Gemini Showcase

Ricky’s Room has released the final installment of its Baby Gemini showcase, titled "Six Bodies In Motion."

XBIZ Amsterdam to Debut 'Behind the Lens' Screening Series

XBIZ is pleased to announce the debut of “Behind the Lens,” a new screening series presenting discussions with noted directors, taking place at the upcoming annual European conference, XBIZ Amsterdam.

'White Rabbit' Party Headed for XBIZ Amsterdam

XBIZ is pleased to announce the White Rabbit Party, an XBIZ Amsterdam special event set to take place Wednesday, Sept. 3.

Hailey Rose Heats Up the Fall Issue of X3 Magazine

2025 XMA Fav Female Performer Hailey Rose headlines the latest issue of X3 magazine, the industry’s premier “authenticity first” publication spotlighting the real personalities, passions and stories behind today’s top creators.

2025 XBIZ Amsterdam Speaker Lineup Announced

XBIZ is pleased to announce the release of the full speaker lineup for XBIZ Amsterdam 2025, the latest edition of Europe’s biggest adult industry conference, set to take place Sept. 2-5 at the Jakarta Hotel in Amsterdam.

Angie Faith's 'Blueprint' for Success

Angie Faith has two reasons to celebrate. First, the veterinarian just gave her Japanese Chin puppy, Cheeky, a clean bill of health after Cheeky unwisely ate a stray piece of Lego.

Show More