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Diane Herceg and Andy v. Hustler Magazine, Inc.

814 F.2d 1017 (1987)

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Diane Herceg and Andy v. Hustler Magazine, Inc.

United States Court of Appeals for the Fifth Circuit

814 F.2d 1017 (1987)

Facts

Hustler Magazine, Inc. (Hustler) (defendant) published an article on autoerotic asphyxiation called “Orgasm of Death.” The article discussed the reasons people engaged in the practice, the risks and dangers involved, and the numerous deaths resulting from autoerotic-asphyxiation accidents. The article also included an express warning recommending that readers do not try the practice themselves. A young teenager named Troy read “Orgasm of Death” and attempted autoerotic asphyxiation at home. His nude body was found hanging in his closet by his friend Andy V. with the “Orgasm of Death” article at his feet. Diane Herceg, who was Troy’s mother, and Andy V. (plaintiffs) sued Hustler in federal court for emotional and psychological harm caused by the teenager’s death, arguing that the article incited Troy to engage in the act that led to his death. A jury who heard the incitement claim awarded damages to Herceg and Andy V. Hustler appealed.

Rule of Law

Issue

Holding and Reasoning (Rubin, J.)

Concurrence/Dissent (Jones, J.)

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