Well she was sober enough to be in a photoshoot, she was sober enough to sign a contract. And the proof will be in the pictuers - If it's Playboy I'm pretty sure that she won't look drunk in the pictures, and that will be Playboy's defense in court. "See, she doesn't look drunk."
She just didn't understand that a contract is a contract, and who ever took those photos owns them - and can put them in Playboy if they so decide.
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