Diane Herceg and Andy v. Hustler Magazine, Inc.

814 F.2d 1017 (1987)

From our private database of 46,300+ case briefs, written and edited by humans—never with AI.

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.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 814,000 law students since 2011. Some law schools even subscribe directly to Quimbee for all their law students.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

Here's why 814,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 814,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,300 briefs - keyed to 988 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership