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 © 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

Wicked Premieres 1st Installment of Seth Gamble's Erotic Drama 'Love/Hate'

Wicked Pictures has released the debut installment of multi-XMAs award winner Seth Gamble's latest series, "Love/Hate."

AV Bulletin: Loopholes and Lawsuits

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

Utah 'Porn Tax' Bill Will Head to Governor's Desk

A bill that would tax adult websites and make them liable if minors circumvent geolocation has passed the Utah state legislature and will soon head to the office of Gov. Spencer Cox for signature or veto.

Aleksa Mink Fronts Latest From Reality Kings

Aleksa Mink stars with Dick Dealer Don in the latest release from Reality Kings.

Angie Lynx Toplines Angelo Godshack's 'Hardcore Gangbangs 6'

Angie Lynx headlines the sixth volume of director Angelo Godshack's "Hardcore Gangbangs," from Evil Angel.

Pornhub to Restrict Access in Australia as AV Rules Take Effect

Pornhub parent company Aylo will restrict access to its free video-sharing platforms in Australia in response to new age verification regulations, the company confirmed Thursday.

House Committee Approves Online Safety Bill With Federal AV Requirement

The U.S. House of Representatives Committee on Energy and Commerce on Thursday passed the Kids Internet and Digital Safety (KIDS) Act, which includes provisions to make age verification by adult websites federal law.

Federal Judge Orders Refunds for Companies That Paid Trump Tariffs

A judge for the U.S. Court of International Trade on Wednesday ordered U.S. Customs and Border Protection to refund duties paid under the Trump administration’s sweeping program of tariffs.

Aleksa Mink, Abigaiil Morris Star in Latest From Brazzers

Aleksa Mink and Abigaiil Morris star with Scott Nails in the latest release from Brazzers, titled "Living the Dream."

Serenity Cox Makes Her Anal Debut for Tushy

Newly crowned XMAs MILF Creator of the Year Serenity Cox has made her anal debut for Vixen Media Group studio imprint Tushy.

Show More