Solano v. Playgirl, Inc.
United States Court of Appeals for the Ninth Circuit
292 F.3d 1078 (2002)
- Written by Sharon Feldman, JD
Facts
Playgirl magazine typically contained photographs of nude men. A shirtless photograph of Baywatch actor Jose Solano, Jr. (plaintiff) appeared on a Playgirl cover under the words “TV Guys” followed by the headline, “Primetime’s Sexy Young Stars Exposed.” The words “12 Sizzling Centerfolds Ready to Score With You” appeared next to Solano’s picture. Other sexually suggestive headlines ran down the cover’s margin. Solano was fully dressed in the only photograph of him inside the magazine. Solano sued Playgirl, Inc. (defendant) for creating the false impression that he posed nude voluntarily and endorsed Playgirl’s sexual content. Deposition testimony indicated that the editorial staff had been instructed to imply the magazine contained nudity and that some staffers had expressed concerns about placing Solano’s photograph next to suggestive headlines. Solano testified that the cover humiliated and embarrassed him. The district court granted summary judgment to Playgirl, concluding that Solano failed to establish that Playgirl created a false impression about what was contained in the magazine or acted with actual malice. Solano appealed.
Rule of Law
Issue
Holding and Reasoning (Fisher, J.)
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