HERCEG v. HUSTLER MAGAZINE, INC.

No. 85-2833.

814 F.2d 1017 (1987)

Diane HERCEG, and Andy V., Plaintiffs-Appellees, Cross-Appellants, v. HUSTLER MAGAZINE, INC., Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

April 20, 1987.


Attorney(s) appearing for the Case

David H. Donaldson, Jr., Jack N. Price, Austin, Tex., for defendant-appellant, cross-appellee.

Clinard J. Hanby, Michael M. Essmyer, Haynes & Fullenweider, Houston, Tex., for plaintiffs-appellees, cross-appellants.

Before RUBIN, JOHNSON, and JONES, Circuit Judges.


ALVIN B. RUBIN, Circuit Judge:

An adolescent read a magazine article that prompted him to commit an act that proved fatal. The issue is whether the publisher of the magazine may be held liable for civil damages.

I.

In its August 1981 issue, as part of a series about the pleasures — and dangers — of unusual and taboo sexual practices, Hustler Magazine printed "Orgasm of Death," an article discussing the practice of autoerotic...

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