Nancy Benoit’s family filed the federal lawsuit against the Larry Flynt Publishing Group in 2008 claiming that Nancy Benoit had instructed the photographer to destroy the photographs roughly 20 years ago. Nancy Benoit was a professional wrestler and model.
The case centered on the scope of the “right to publicity.” This includes the right to one’s likeness and name. What is interesting is that this right continues after death while the right to sue in defamation does not. (Hence, the rule that you cannot defame the dead). At issue was the exception for stories that are a “legitimate matter of public interest and concern.” A trial judge had ruled that the photos fit such an exception but the three-judge panel reversed.
In an opinion written by Judge Charles Wilson, the panel concluded that the magazine tried to make the pictures look like a legitimate story by attaching a brief biography” “These private, nude photographs were not incident to a newsworthy article; rather, the brief biography was incident to the photographs.”
The court stated:
The magazine cover advertises “WRESTLER CHRIS BENOIT’S MURDERED WIFE NUDE.” The table of contents lists “NANCY BENOIT Exclusive Nude Pics of Wrestler’s Doomed Wife.” Neither the cover nor the table of contents makes any reference to the accompanying article. The article is entitled “NANCY BENOIT Au Naturel: The long-lost images of wrestler Chris Benoit’s doomed wife.” The title and page frame, which reads “EXCLUSIVE PICS! EXCLUSIVE PICS!,” comprise about one-third of the first page. A second third of the page is devoted to two nude photographs of Benoit. The final third of the page discusses Benoit’s murder and her nude photo shoot, twice referencing her brief desire to be a model. The second page of the article is entirely devoted to photographs, displaying eight additional photographs of Benoit. The heart of this article was the publication of nude photographs– not the corresponding biography.
The magazine cover advertises “WRESTLER CHRIS BENOIT’S MURDERED WIFE NUDE.” The table of contents lists “NANCY BENOIT Exclusive Nude Pics of Wrestler’s Doomed Wife.” Neither the cover nor the table of contents makes any reference to the accompanying article. The article is entitled “NANCY BENOIT Au Naturel: The long-lost images of wrestler Chris Benoit’s doomed wife.” The title and page frame, which reads “EXCLUSIVE PICS! EXCLUSIVE PICS!,” comprise about one-third of the first page. A second third of the page is devoted to two nude photographs of Benoit. The final third of the page discusses Benoit’s murder and her nude photo shoot, twice referencing her brief desire to be a model. The second page of the article is entirely devoted to photographs, displaying eight additional photographs of Benoit. The heart of this article was the publication of nude photographs– not the corresponding biography.
The opinion is well-written and notably relies on the decision upholding the right of the family of the Martin Luther King family to restrict use of his famous speech “I have a Dream.” The court focused on the disconnect between the substantive story and the sensational photos. It makes for an interesting read.
For a copy of the ruling, click here.