Legal Opinion
Diane Herceg, and Andy v. Cross-Appellants v. Hustler Magazine, Inc., Cross-Appellee
Court of Appeals for the Fifth Circuit
Decided April 20, 1987No. 85-2833PublishedCited by 24 opinions
1Opinion of the Court
ALVIN B. RUBIN, Circuit Judge:
An adolescent read a magazine article that prompted him to commit an act that proved fatal. The issue is whether the publisher of the magazine may be held liable for civil damages.
I
In its August 1981 issue, as part of a series about the pleasures — and dangers— of unusual and taboo sexual practices, Hustler Magazine printed “Orgasm of Death,” an article discussing the practice of autoerotic asphyxia. This practice entails masturbation while “hanging” oneself in order to temporarily cut off the blood supply to the brain at the moment of orgasm. The article…
2Cases cited41 opinions
- New York Times Co. v. SullivanSupreme Court of the United States · 1964
- Gertz v. Robert Welch, Inc.Supreme Court of the United States · 1974
- Roth v. United StatesSupreme Court of the United States · 1957
- Miller v. CaliforniaSupreme Court of the United States · 1973
- Chaplinsky v. New HampshireSupreme Court of the United States · 1942
36 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Universal City Studios, Inc. v. CorleyCourt of Appeals for the Second Circuit · 2001
- Tammy Howell, a Minor, by Her Guardian Ad Litem, Charles Goerdt v. Tribune Entertainment Company and Abc Insurance CompanyCourt of Appeals for the Seventh Circuit · 1997
- Joe James v. Meow Media, Inc.Court of Appeals for the Sixth Circuit · 2002
- United States v. Thurston Paul BellCourt of Appeals for the Third Circuit · 2005
- John Doe v. DeRay MckessonCourt of Appeals for the Fifth Circuit · 2019
19 more not listed; retrieve them via the Exa API.