Legal Brief: Hotjox Magazine
Facts: Mark Studley (Studley), an Olympic swimmer, was featured on the cover of Hotjox magazine, a magazine targeted primarily at gay males. The picture was in the public domain. The magazine cover had the headline "Olympic Hunks Exposed" and said, "12 Sizzling Centerfolds Ready to Score with You," "Holy Speedo! Hot Athletic Buns!" And "Mark Studley, Olympic 2000's Best Body." The only image of Studley inside the magazine was a small fully-dressed quarter-page photo with an athletic profile of him and a quote he had previously given about trying to be a role model for children. The magazine did feature nude photos of male dancers. Studley filed suit against Hotjox alleging false light invasion of privacy. Studley maintained that the cover implied that he had voluntarily posed for the magazine and that this cost him endorsements and resulted in damage to his reputation. Hotjox argued that, as a public figure, Studley had to demonstrate actual malice. In deposition testimony associate editor Lance Ledoux stated that editor Justin Thyme had told them to make the issue sexier, but that he had objected because he believed that the headline would lead people to believe that Studley appeared nude in the magazine. The photo editor stated that it was their policy to specifically state if someone appeared nude in the magazine. The magazine was sold shrink-wrapped, so that a purchaser could not see the contents without buying the magazine.
Issues: Should the court grant summary judgment in favor of Hotjox? Did the magazine present information about or concerning Studley that was presented as factual but that was actually false or created a false impression bout him? Did the information state or imply something highly offensive that would have a tendency to injure Studley's reputation? What is false light invasion of privacy? Did a false light invasion of privacy occur in this...
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