Toffoloni v. LFP PUBLISHING GROUP, LLC

WILSON, Circuit Judge:

This case involves the newsworthiness exception to the Georgia state law “right of publicity,” which arises out of the constitutional right to privacy. The district court found that LFP Publishing Group, LLC’s (“LFP”) publication of twenty year old nude photographs of Nancy Benoit fell squarely within the newsworthiness exception. We reverse.

A. Background

Maureen Toffoloni is the mother and the administrator of the estate of Nancy Benoit. Benoit and her son, both Georgia residents, were murdered by her husband, Christopher Benoit, in June 2007. Christopher Benoit then…