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BEVERLY HILLS, Calif. This is the official press release sent out by Hustler after their win in the 11th Circuit in the Nancy Benoit nude photos case–
Hustler Magazine and its publisher, Larry Flynt, today achieved another victory in defense of the First Amendment. In a unanimous decision by a three-judge panel of the United States 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 Ms. Benoit as part of an article about her murder, Hustler violated her right of publicity.
At trial in an Atlanta federal court, the jury awarded Ms. 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 Ms. 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.”
When reached for comment, Flynt’s longtime attorney, Paul J. Cambria, Jr., stated: “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. 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.”
When asked for a comment, Larry Flynt said, “Free speech is not free; you still have to pay the lawyers.”