GUCCIONE v. HUSTLER MAGAZINE, INC.

No. 1478, Docket 86-7277.

800 F.2d 298 (1986)

Robert C. GUCCIONE, Plaintiff-Appellee, v. HUSTLER MAGAZINE, INC. and Flynt Distributing Company, Inc., Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided August 29, 1986.


Attorney(s) appearing for the Case

Alan L. Isaacman, Beverly Hills, Cal. (David O. Carson, Cooper Epstein & Hurewitz, Beverly Hills, Cal., Anderson Russell Kill & Olick, New York City, on the brief), for defendant-appellant Hustler Magazine, Inc.

John H. Gross, New York City (Ann V. Kramer, Anderson Russell Kill & Olick, New York City, on the brief), for defendant-appellant Flynt Distributing Co., Inc.

Norman Roy Grutman, New York City (Jeffrey H. Daichman, Thomas V. Marino, Grutman Miller Greenspoon & Hendler, New York City, on the brief), for plaintiff-appellee.

Before NEWMAN, CARDAMONE and PIERCE, Circuit Judges.


JON O. NEWMAN, Circuit Judge:

Publishers of pornography are, not surprisingly, often criticized and scorned and, on occasion, may even be libeled. This libel action brought by Robert Guccione, the publisher of Penthouse magazine, is noteworthy because the alleged libel was authored not by a righteous crusader against smut but by Larry Flynt, the publisher of Hustler magazine. An article printed in Hustler in 1983 stated that Guccione "is married...

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