Kansas.com is reporting that the family of Nancy Benoit was back in court on Wednesday over a ruling against Hustler magazine publishing nude photos of Nancy following her death.

“The debate before the court on Wednesday was not only whether to reinstate the jury’s eye-popping verdict, but also whether the case should have even gone to trial.

Benoit’s family appealed to the three-judge panel to let stand the jury’s award, while the magazine’s attorney used Wednesday’s hearing to claim it was protected by First Amendment rights.”