Trial for Damages in Privacy Suit Against Hustler Set to Begin Monday, June 13th

 After years of litigation and multiple appeals, including a petition to the United States Supreme Court, the case against LFP Publishing Group (d/b/a Hustler magazine) is coming to a close.

The case was brought by Maureen Toffoloni on behalf of her daughter's estate. Ms. Toffoloni is the mother of Nancy Benoit, who was murdered in 2007 by her husband, professional wrestler Chris Benoit. In March of 2008, Hustler magazine published nude photos of Nancy Benoit that were made 20 years prior to her death. Nancy Benoit immediately requested that the photographer destroy the film and negatives so the images could never be published. https://askcompetentlawyer.com/property-damage-litigation/ However, the photographer kept a videotape of the images, which were later lifted from the video and released by Hustler.

Initially, a federal district court dismissed the right-of-publicity suit filed by Ms. Toffoloni, finding that the images related to a legitimate matter of public concern. This decision was reversed by the 11th U.S. Circuit Court of Appeals, explaining that the magazine's constitutional rights had to be balanced “with an eye toward that which is reasonable and that which resonates with our community morals.”

At issue was whether the right of privacy implicated in the 14th Amendment to the U.S. Constitution was trumped by the freedom of press provided for in the First Amendment.

Most states recognize the right to privacy against "the appropriation of another's name and likeness ... without consent and for the financial gain of the appropriator." The Supreme Court's affirmation of the 11th Circuit's decision granted Ms. Toffoloni with the legal authority (known as the right of publicity) to control such images "in order to maximize the economic benefit to be derived from her daughter's posthumous fame." The trial to determine the amount of damages involved is set to begin on June 13, 2011.