Hustler Magazine argued Wednesday in a federal appeals court that its decision to publish nude photos of a model months after she was killed by her wrestler husband was protected by the First Amendment because she was a newsworthy figure.

The family of Nancy Toffolini Benoit has waged a legal battle against the pornographic magazine since it published the photos after she and her son were killed in 2007 by wrestler Chris Benoit. Her family said she never gave the magazine permission to print the photos.

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