It is being reported that Hustler magazine has asked the U.S. Supreme Court to hear its appeal of a federal court ruling that said the magazine used the nude images of Nancy Benoit for commercial purposes that violated her family's right-of-publicity interests.

In 1983, Nancy Benoit took part in a nude photo and video session, at the time she was looking into adult modeling. When she decided not to embark on that career, she asked for the videos and photos to be destroyed. In the Spring of 2008, Nancy Benoit's parents, The Toffolonis immediately filed a lawsuit when the nude photos surfaced and were published in Hustler magazine. They lost the case when the judge stated that the Photos were "newsworthy". An appeal was immediately filed, stating that the photos were published without permission and without compensation, ruled Hustler had violated Nancy Benoit's privacy

In June 2009, the court ruled that the photos served no legitimate news purpose, stating that "Indeed, people are nude every day and the news media does not typically find the occurrence worth reporting."

Hustler is appealing, stating that the First Amendment "requires a broad interpretation of the newsworthiness standard". They are also citing other cases where the Court have ruled that it is inappropriate to rule on article and how newsworthy they are.

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