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

Michael Ninn Returns With 'Catherine' Sequel Made Entirely by AI

Veteran filmmaker Michael Ninn, though retired from the adult business for the past 10 years, recently unveiled a new episodic project titled "Catherine II: The Series," which serves as a sequel to his 2005 adult film "Catherine."

25,000 Sign Petition to Legalize Pornography in Ukraine

An OnlyFans model’s petition to decriminalize pornography in Ukraine has amassed the 25,000 signatures required for official consideration by President Volodymyr Zelensky.

Alison Rey Stars in Latest From New Sensations

Alison Rey stars with Isiah Maxwell in the latest release from New Sensations.

FSC Unpacks SCOTUS Age Verification Ruling in Webinar

The Free Speech Coalition conducted a public webinar Tuesday to help adult industry stakeholders understand the Supreme Court’s recent decision in FSC v. Paxton, and its potential implications.

Bad Bella Fronts Latest From MYLF

Bad Bella stars with Hayden Wild in the latest release from MYLF.

Abella Danger Opens Up Like Never Before in X3 Magazine

Powerhouse star Abella Danger lights up 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.

Pure Taboo Debuts Bree Mills Thriller 'Let Me In Too'

Reagan Foxx stars with Shay Sights in the latest thriller from Pure Taboo, titled “Let Me In Too.”

UK Lawmaker Calls for Appointment of 'Porn Minister'

Baroness Gabrielle Bertin, the Conservative member of Parliament who recently convened a new anti-pornography task force, is calling for the appointment of a “minister for porn,” according to British news outlet The Guardian.

FSC Toasts Jeffrey Douglas for 30 Years of Service

n the very same evening when the adult industry was hit hard by the Supreme Court ruling supporting Texas’ controversial age verification law, HB 1181, members of the Free Speech Coalition board, staff and supporters gathered to celebrate Jeffrey Douglas’ 30 years as board chair — a fitting reflection of his reputation as an eternal optimist.

Hookup Hotshot Adds TobyDick.com

Hookup Hotshot (HUHS) has added U.K. paysite TobyDick.com to its network.

Show More