The lawsuit was dismissed in a 4-3 decision by the New York State Supreme Court. In 1981, with Sugar and Spice out of print and Shields' profile on the rise, Shields sued Gross, arguing that the photographer should not be allowed to continue to profit from the images, and that the photographs would cause her irreparable harm. The above-displayed photograph is one of many that Gross took with the consent of Shields' mother, Teri Shields, in 1975. Although this meme may have given some viewers the impression that the image appeared in Playboy magazine itself, the picture was actually featured in the Playboy Press publication Sugar and Spice.

The girl in the background of this meme is indeed a naked 10-year-old Shields, and the photograph was truly published by Playboy.