Hustler Wins Lawsuit About Using Nancy Toffolini Benoit Pictures

Hustler magazine published nude photos of Nancy Benoit after she was murdered by her husband wrestler Chris Benoit in 2007.

ATLANTA -- A federal appeals court has sided with a racy magazine in a dispute over nude pictures of a model published after she was killed by her professional wrestler husband.

The 11th U.S. Circuit Court of Appeals on Tuesday said there wasn't enough evidence to support a jury's decision to make Hustler Magazine pay almost $20 million to the family of Nancy Toffolini Benoit.

The magazine published the photos after she and her son were killed in 2007 by wrestler Chris Benoit.

Benoit's family said Nancy never gave permission to publish the 24-year-old photos, while the magazine said it could print them because they were newsworthy.

The jury's 2011 decision to penalize the magazine $19.6 million was later reduced to $250,000, which was also vacated by the court.

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Comments

[RiSa4567]

11:41 AM on 05/03/2012

Newsworthy?

Yes because when I want to read about breaking news or any updates on the top hitting stories... I turn to HUSTLER. 9_9

[KIVPossum]

06:32 AM on 05/03/2012

Cheap, sleezy, but not much different than the constant barrage of Monroe photos. Lots of other starlets and models' nudes have been published or republished after their death. Sharon Tate nudes are all over the net.

Sorry the family is offended, yet she is the one that made the choice to be photographed and sign a model's release

[plepgeat]

01:21 AM on 05/03/2012

How'd she get that squirrel to perch on her head like that?

[dani168025]

06:08 PM on 05/03/2012

Now that there's funny..............

[thoreau101]

10:08 PM on 05/02/2012

Bad taste, Hustler. Reconsider ASAP!

[jenniferkizzy]

04:15 PM on 05/02/2012

she was beautiful and she may have been a fun person rest in peace i hope her family is ok bye

[Bev A Brown]

03:08 PM on 05/02/2012

It may be bad taste but it might have been fine with her.

[Bev A Brown]

03:08 PM on 05/02/2012

I am assuming she took the pictures with the intent of having them published, so why not?

[thoreau101]

10:09 PM on 05/02/2012

Because she's dead it's in bad taste, a cheap business stunt.

[KIVPossum]

06:29 AM on 05/03/2012

Published photos of Monroe on this site yesterday.

[susandiane]

02:58 PM on 05/02/2012

"while the magazine said it could print them because they were newsworthy".

Newsworthy? To whom?

[Brian Corvello]

02:12 PM on 05/02/2012

I'm no fan of Flynt. Personally, I think he's a despicable sleeze merchant. But sadly, bad taste is not a crime.

The best advice I can give to anybody who disagrees with the judge's decision is, don't buy the rag. And if you are a woman, avoid any man who does so. Like the plague. (I'm saying this as a man myself.)

[rocketdog56]

03:36 PM on 05/02/2012

I agree, I would also add a caveat, if you don't EVER want this stuff out there, don't pose for these pictures, even for a significant other, relationships go south and these photos are often sold, posted, whatever.......

[scrapper7]

01:36 PM on 05/02/2012

These pictures are 25-years-old and for the courts to give credence to Hustler's statement that, 'they are newsworthy', is ludicrous, at best!

I DIRECT THE FOLLOWING WORDS TO HUSTLER:

Have you ever heard the term, 'Rest in peace'? It appears you haven't.

The judges who heard this case, more than likely subscribe to rags such as Playboy, Penthouse and Hustler because 'the articles are good!'.

I'm afraid you won't win public opinion with this, but, you don't need that now...DO you, Hustler!? You have absolutely NO respect for the living, so it only stands to reason you would have even LESS, THAN NO respect for the DEAD!

[Kailuabred]

02:18 PM on 05/02/2012

The dead don't care.

[mikejames697]

03:53 PM on 05/02/2012

The family might care.

[polititee]

02:45 PM on 05/02/2012

I think they deemed it newsworthy at the time of her murder and not because the photos were so old. As bad as this sounds (and it does sound bad), Hustler has a point. When someone is murdered in a high profile case and you have nude photos of them (no matter how old), it becomes a story. I wouldn't have printed them, but then I'm no Larry Flynt.

[Wes Kimmel]

01:26 PM on 05/02/2012

benoit didnt kill her or his son, the investigation into this matter was a freaking joke.

[Kailuabred]

02:19 PM on 05/02/2012

You were on the jury? Awesome! Give us the inside scoop.

[poppyCa]

12:52 PM on 05/02/2012

Larry Flynt, a real class act.

[homer winslow]

03:55 PM on 05/02/2012

Larry Flint has done more to protect your right to say that than you have.

[poppyCa]

05:05 PM on 05/02/2012

LOL, defend his treatment of women.He defended his first amendment right to exploit young girls, nothing more.

[ebanks84]

12:34 PM on 05/02/2012

No back story or nothing to make this article more informational. What happened to her, when, why and stuff leading to the publishing of the photos?

Who writes this stuff? Nobody it seems.

[nvdesertdreamer]

01:07 PM on 05/02/2012

Did you not read the part where it says she was killed by her husband?

[ebanks84]

04:51 PM on 05/02/2012

Yes, but without knowing how and what happened to cause her death, that's not much of a story. Why even bother saying she was ki//ed then if that's all you're going to say.

[vaf112675]

01:08 PM on 05/02/2012

"published after she was killed by her professional wrestler husband."

Don't know aboy you but that clearly states what happened to her.

"The magazine published the photos after she and her son were killed in 2007 by wrestler Chris Benoit."

That covers the when.

As to the why, you are correct, they did not say. Her husband, Chris Benoit, an ex WWE wrestler, apparently killed her and their son in a roid fueled rage, and afterwards he killed himself. Consider yourself informed.

[ebanks84]

04:49 PM on 05/02/2012

Thank you. I hope it didn't hurt you to offer that information. The snark was heavy.

[Supersteel]

12:05 PM on 05/02/2012

Hustler didn;t argue she gave permission to publish the photos or that they owned them. There would be no doubt then they could publish them. they argued it was proteted by the first amendment as newsworthy

[mitch47]

11:42 AM on 05/02/2012

Wonderful pics....when will more become available?

[polititee]

02:48 PM on 05/02/2012

Never, since she's not available to pose for more.