The United States Court of Appeals in Georgia has overruled a previous judgment, and have stated that the nude photos of Nancy Benoit that were published by Hustler were published without permission and without compensation, which violated Nancy Benoit's privacy.

The photos in question, taken in 1993 when Nancy was considering an adult modeling career, were thought to be destroyed when she requested so, deciding not to go into that line of work. The photos resurfaced after her death, and were published by Hustler in the spring of 2008. Nancy Benoit's parents, The Toffoloni family, immediately filed a lawsuit, which they lost because the judge felt as if the photos were "newsworthy" due to Nancy's passing.

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