Jose Solano, Jr. v. Playgirl, Inc.

The January 1999 issue of Playgirl magazine featured a cover photograph of actor Jose Solano, Jr., best known for his role as “Manny Gutierrez” on the syndicated television program “Baywatch” from 1996 to 1999. Solano was shown shirtless and wearing his red lifeguard trunks, the uniform of Ms “Baywatch” character, under a heading reading: “TV Guys. PRIME-TIME’S SEXY YOUNG STARS EXPOSED.” Playgirl, ostensibly focused on a female readership, typically contains nude photographs of men in various poses emphasizing their genitalia, including some showing them engaged in simulated sex acts. The magazine also contains written editorial features. Although Solano — who did not pose for or give an interview to Playgirl — did not in fact appear nude in the magazine, he sued Playgirl alleging it deliberately created the false impression that he did so, making it appear he was willing to degrade himself and endorse such a magazine.

The district court granted Playgirl summary judgment, finding Solano had failed to establish that Playgirl created a false impression about what readers would actually see of Solano inside the magazine or in any event that it had acted knowingly or recklessly in…