Kimerli Jayne Pring v. Penthouse International, Ltd., a New York Corporation, and Philip Cioffari

SETH, Chief Judge.

This defamation case concerns an article which appeared in defendant’s magazine Penthouse. It was written about a “Charlene,” a Miss Wyoming at the Miss America contest and about the contest. The defendants argue that the story is a spoof of the contest, ridicule, an attempt to be humorous, “black humor,” a complete fantasy which could not be taken literally.

The basic question which had to be resolved at the trial was in two parts — whether the publication was about the plaintiff, that is, whether it was of and concerning her as a matter of identity; and secondly, whether…