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“Thus do I die with a kiss,” wrote William Shakespeare in Romeo and Juliet, echoing a Los Angeles judge today over the lawsuit alleging sexual abuse and negligence on the part of the stars of the Oscar-nominated adaptation of the doomed love affair Franco Zeffirelli from 1968.
Judge Alison Mackenzie said that Olivia Hussey and Leonard Whiting’s $100 million lawsuit against Paramount Pictures contained a “gross mischaracterization” of the bedroom scenes in question from the film, citing the First Amendment. She filed a preliminary ruling dismissing the case.
“Defendants’ special motion to dismiss plaintiffs’ entire action is granted because each cause of action alleged in it is based on protected activity and plaintiffs have failed to establish a reasonable basis as to the merits of those claims,” she wrote Thursday of Paramount’s (successful) complaint. Attempt to resolve the matter under California’s anti-SLAPP laws.
At the same time, the judge made short work of the assumption that the Best Picture nominee’s scenes were child pornography, as pointed out in the lawsuit filed in late December 2022, adding in harsh terms:
Here, the defendant has not admitted that any of its conduct was unlawful, nor have the plaintiffs conclusively demonstrated that the alleged conduct was unlawful as a law. In fact, the plaintiffs themselves acknowledge that depictions of naked minors constitute illegal child pornography only if they are “sufficiently sexually suggestive.” The plaintiffs have not presented any evidence to show that the present film can be legally considered to be sufficiently sexually suggestive to be held definitively unlawful. Plaintiffs’ arguments on this issue are limited to selected language of federal and state statutes, without offering any authority as to the interpretation or application of those statutes to allegedly artistic works such as the award-winning film at issue.
So unless Judge Mackenzie completely changes his mind (don’t laugh, that’s what happens), this morning’s DTLA hearing should spell the end of this matter. I understand that Hussey and Whiting’s attorney, Solomon Gresen, may be considering an appeal.
Paramount officials did not respond to Deadline’s request for comment on today’s preliminary ruling. When we get a response from the studio, we’ll update this post.
Hussey and Whiting, now in their 70s, alleged that Zeffirelli violated their consent by filming them nude without their knowledge. Hussey and Whiting were 15 and 16 when Romeo and Juliet was shot. The duo estimate the film has grossed over $500 million since its release prior to Summer of Love and are seeking $100 million in damages
The claims were a 180-degree comparison to what Hussey said in 2018 when she discussed the nudity in the film. Back then, while writing her new memoir, the actress told Fox News that nudity was “not such a big deal.”
When Romeo & Juliet hit theaters in March 1968, nudity was certainly a big deal. The controversial film was nominated for four Oscars, including Best Picture and Best Director, and won the Oscar for Best Cinematography and Best Costume Design. Both Whiting and Hussey also won Golden Globes for their performances.
Having faced allegations of sexual harassment and assault in the past, Zeffirelli was unable to respond to Hussey and Whiting’s allegations as he passed away in 2019.
However, the filmmaker’s son, Pippo Zeffirelli, responded to Hussey and Whiting’s allegations
“It is embarrassing to hear that today, 55 years after filming, two elderly actors who largely owe their fame to this film are waking up to declare that they suffered an abuse that left them scared and emotionally uneasy for years.” , he said January 2023.
Hussey and Whiting’s representatives did not respond to a request for comment today.
Perhaps it’s best left to the bard: “The parting is so sweet, I’ll say goodnight until the next morning.”