Washington CNN -- The Supreme Court has decided that the family of a slain professional wrestling personality can continue its lawsuit against Hustler magazine, a case that tested privacy concerns and the competing right to publish "newsworthy" material. The justices without comment Monday turned aside an appeal from the publishers of the men's magazine, which featured old nude photos of Nancy Benoit, who was killed nearly three years ago by her husband and fellow wrestling superstar Chris Benoit. The couple's young son also was slain in the family's Georgia home. At issue was whether the constitutional right of privacy indirectly referenced in the 14th Amendment trumps the First Amendment protections of the media and publishers in this "right-of-publicity" dispute. The original lawsuit was brought by Maureen Toffoloni, whose daughter, Nancy Benoit , had posed nude for a photographer more than two decades ago. Toffoloni claims that her daughter, who was also known by the wrestling moniker Woman, had asked immediately after the shoot to have the photos and video destroyed and believed that photographer Mark Samansky had done so.
Justices: Slain wrestling star's family can sue Hustler over nude pics
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