BYRD v. HUSTLER MAGAZINE, INC.

No. 81-2410.

433 So.2d 593 (1983)

Julian BYRD, Appellant/Cross Appellee, v. HUSTLER MAGAZINE, INC., a Foreign Corporation, Appellee/Cross Appellant.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied July 13, 1983.


Attorney(s) appearing for the Case

DiGiulian, Spellacy & DiChiara, Fort Lauderdale, and Larry Klein, West Palm Beach, for appellant/cross appellee.

Larry S. Stewart and Ellen C. Freidin of Floyd, Pearson, Stewart, Richman, Greer & Weil, P.A., Miami, for appellee/cross appellant.


HURLEY, Judge.

The pivotal question in this libel case is whether a picture and its caption must be viewed as a composite to determine if the publication is defamatory. We answer in the affirmative and, because the composite is neither false nor defamatory, we reverse.

Julian Byrd, a professional model, posed for a Viceroy cigarette advertising campaign. The resulting photograph, which was used as part of a printed advertisement, depicted Mr. Byrd dressed...

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