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Benoit News: Federal court rules against Hustler Magazine for publishing Nancy Benoit photos Jun 25, 2009 - 8:23:29 PM
The U.S. Federal Appeals court in Georgia ruled today that Hustler Magazine did not have the right to publish nude photos of Nancy Benoit following her death two years ago. The ruling today over-turned a previous ruling in favor of the magazine in October 2008.
Nancy Benoit's family filed a lawsuit against Larry Flynt's magazine last year saying the magazine caused harm to the family following the Benoit Family Tragedy exactly two years ago. Hustler countered that the photos were part of a news-worthy story.
A three-judge panel in Georgia said today that the story may have been news-worthy, but the nude photos from over 20 years ago were not relevant to the story.
"These private, nude photographs were not incident to a newsworthy article; rather, the brief biography was incident to the photographs," Judge Charles Wilson said in the court's ruling.
The significance of the ruling could affect publishers going forward by preventing them from having a "blank check" to publish any photos they see fit, no matter the relevance to a particular story.
Following the over-ruling of a previous federal court decision, the case of Maureen Toffoloni (Nancy's mother) against Flynt Publishing will return to the lower court that initially ruled in favor of Flynt for a second look.
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