The family of the late Nancy Benoit has filed a lawsuit against Hustler Magazine for publishing nude photos of Nancy in their March 2008 issue. The photos were taken from a 1983 video that Nancy did when she was considering the adult entertainment industry. This was before Nancy got involved in professional wrestling.

According to a report by the Atlanta Journal Constitution, United States Magistrate Judge Thomas Thrash denied Nancy’s mother, Maureen Toffoloni’s request for a temporary restraining order against the publication on Friday. Thrash said his ruling was based on the First Amendment right that provides freedom of expression.

The magazine has already been published and distributed. "We think it's a good result," said S. Derek Bauer, the Atlanta attorney for LFP Publishing Group, which publishes Hustler. "You can't unpublish speech already published. You can't unring the bell."

The Toffoloni family is asking for unspecified damages including legal fees and litigation costs.