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Nancy Benoit's family lose first round in lawsuti against Hustler Magazine
By Colin Vassallo
Feb 9, 2008 - 8:50:59 PM

- The family of Nancy Benoit has filed a lawsuit against Hustler Magazine, who published nude pictures of Nancy in their March edition. The photos were taken from a video which Nancy did in 1983 when she was considering entering the adult industry prior to joining the wrestling business. However, the lawsuit got on to a bad start for the family as U.S. Magistrate Judge Thomas Thrash on Friday denied Maureen Toffoloni's - Nancy's mother - request for a temporary restraining order against the publication according to the Atlanta Journal Constitution newspaper. The Judge said that he based his ruling on the First Amendment rights that provide for freedom of expression. The magazine has already been published and distributed and the restraining order didn't make much sense. "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 are asking for unspecified damages including legal fees and litigation costs.

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