
A judge on Thursday said she will throw out a lawsuit over a nude scene in the 1968 version of “Romeo and Juliet,” after finding that the film is protected by the First Amendment.
The stars of the film, Olivia Hussey and Leonard Whiting, filed the suit in December, alleging that they were coerced by director Franco Zeffirelli into performing nude in the film’s bedroom scene. Hussey was 16 at the time of filming; Whiting was 17.
Judge Alison Mackenzie granted Paramount’s motion to throw out the suit, finding that the plaintiffs had not complied with the provisions of a California law that temporarily suspended the statute of limitations for child sex abuse claims.
Related Stories

What Lionsgate’s Partnership Deal With Runway Means

'The Simpsons' Aired Its 'Series Finale' on Sunday Night — but Don't Worry, That Wasn't Really the Last Episode
Mackenzie also rejected the plaintiffs’ argument that the nude scene amounted to “child pornography.”
Popular on Variety
“Plaintiffs have not put forth any authority showing the film here can be deemed to be sufficiently sexually suggestive as a matter of law to be held to be conclusively illegal,” the judge wrote. “Plaintiffs’ argument on the subject is limited to cherry-picked language from federal and state statutes without offering any authority regarding the interpretation or application of those statutory provisions to purported works of artistic merit, such as the award-winning film at issue here.”
Paramount sought to dismiss the suit under California’s anti-SLAPP statute, which is intended to weed out frivolous lawsuits that suppress free speech. The judge found both that “Romeo and Juliet” qualifies for First Amendment protection, and that the suit is barred by the statute of limitations.
Solomon Gresen, who represents Hussey and Whiting, said in an interview that he was consulting with appellate lawyers, and also planned to file a separate lawsuit in federal court. The plaintiffs plan to base the new lawsuit on a Criterion Collection DVD of the film, which came out in February. The Criterion release included a 4K digital restoration, which Gresen argued would restart the statute of limitations.
“Children cannot consent to use of these images,” Gresen said. “They’re profiting off these images without consent.”
The bedroom scene includes a lingering shot of Whiting’s buttocks and a glimpse of Hussey’s breasts as she gets out of the bed.
Hussey and Whiting submitted declarations to the court on May 11, in which they described their experience during filming. In her declaration, Hussey stated that during the scene, Whiting “returned to the bed and gets under the covers with me, climbs on top of me and we acted like we were having intercourse.”
Whiting made a similar representation, saying that he “got under the covers with Plaintiff Hussey, climbed on top of her and we acted like we were having intercourse.”
In response, Paramount’s lawyers called that “completely false and perjured testimony.” Paramount’s lawyers stated that the film “depicts a completely different scene and sequence of events.”
Read More About:
Jump to CommentsMore from Variety
Nicole Kidman Unable to Accept Venice Acting Prize in Person Due to Mother’s Death: ‘My Heart Is Broken’
How Celebrity Reps Are Fighting the Flood of Unauthorized AI Content
Annapurna-Remedy Deal Is Smart Solution to Gaming’s Funding Woes
Most Popular
Luke Bryan Reacts to Beyoncé’s CMA Awards Snub: ‘If You’re Gonna Make Country Albums, Come Into Our World and Be Country With…
Donald Glover Cancels 2024 Childish Gambino Tour Dates After Hospitalization: ‘I Have Surgery Scheduled and Need Time Out to Heal’
‘Joker 2’ Ending: Was That a ‘Dark Knight’ Connection? Explaining What’s Next for Joaquin Phoenix’s Joker
‘Love Is Blind' Creator Reveals Why They Didn’t Follow Leo and Brittany After Pods, if They'll Be at Reunion (EXCLUSIVE)
Rosie O'Donnell on Becoming a 'Big Sister' to the Menendez Brothers, Believes They Could Be Released From Prison in the ‘Next 30 Days’
‘That ’90s Show’ Canceled After Two Seasons on Netflix, Kurtwood Smith Says: ‘We Will Shop the Show’
Have We Reached Ryan Murphy Overload?
Dakota Fanning Got Asked ‘Super-Inappropriate Questions’ as a Child Actor Like ‘How Could You Have Any Friends?’ and Can ‘You Avoid Being a Tabloid…
Why Critically Panned ‘Joker 2’ Could Still Be in the Awards Race for Lady Gaga and Joaquin Phoenix
Coldplay’s Chris Martin Says Playing With Michael J. Fox at Glastonbury Was ‘So Trippy’: ‘Like Being 7 and Being in Heaven…
Must Read
- Film
COVER | Sebastian Stan Tells All: Becoming Donald Trump and Starring in 2024’s Most Controversial Movie
By Andrew Wallenstein 2 weeks
- TV
Menendez Family Slams Netflix’s ‘Monsters’ as ‘Grotesque’ and ‘Riddled With Mistruths’: ‘The Character Assassination of Erik and Lyke Is Repulsive…
- TV
‘Yellowstone’ Season 5 Part 2 to Air on CBS After Paramount Network Debut
- TV
50 Cent Sets Diddy Abuse Allegations Docuseries at Netflix: ‘It’s a Complex Narrative Spanning Decades’ (EXCLUSIVE)
- Shopping
‘Deadpool & Wolverine’ Sets Digital and Blu-ray/DVD Release Dates
Sign Up for Variety Newsletters
By providing your information, you agree to our Terms of Use and our Privacy Policy.We use vendors that may also process your information to help provide our services. // This site is protected by reCAPTCHA Enterprise and the Google Privacy Policy and Terms of Service apply.Variety Confidential
ncG1vNJzZmiukae2psDYZ5qopV9nfXN%2Fjp%2BgpaVfo7K4v46rpqadn2K3trjInqtmpJGswLa102aroaqfrLtuu9StZKetlJp6tK%2FEp5xmaWJognd%2BlG5qbWc%3D