Judge Again Dismisses ‘Romeo and Juliet’ Lawsuit Over Underage Nude Scene

As a movie buff with a deep appreciation for classic films and their behind-the-scenes stories, I find myself constantly intrigued by the complexities that surround these timeless pieces of art. The ongoing legal saga surrounding the 1968 version of “Romeo and Juliet” is no exception.


On Monday, a judge threw out a second legal challenge regarding the bedroom scene from the 1968 adaptation of “Romeo and Juliet.” The ruling was based on the premise that both leading actors willingly agreed to participate in the movie.

In December 2022, actors Olivia Hussey and Leonard Whiting, who were both minors at the time (16 and 17 years old respectively), initially filed a lawsuit against Paramount Pictures. The allegation was that they were deceived by director Franco Zeffirelli into exposing themselves during filming. The controversial scene in question contains an extended shot of Whiting’s bare backside, as well as a brief exposure of Hussey’s nude chest.

In May 2023, the initial legal case was dismissed due to issues related to the statute of limitations. However, the actors brought forth a fresh lawsuit in February 2024, claiming that the 2024 re-release of the movie by Criterion, which included digital restoration, started a new period within which they could file their complaint based on the statute of limitations.

On Monday, Judge Holly J. Fujie decided to disregard the assertion since she determined that the new edition did not present significant enough changes to necessitate reopening the previous court decision.

In a comparison between the 2023 version and its previous releases, it appears there’s not much noticeable enhancement in the overall quality of the movie, specifically in the Bedroom Scene, when viewed without the aid of special equipment.

In the initial court case, the actors contended that the movie was equivalent to “child pornography.” However, Judge Alison Mackenzie dismissed this claim, as she deemed the scene in question was not “sexually provocative” enough to fit the criteria for such a label.

I’ve taken action by filing a lawsuit that leverages both state and federal regulations designed to curb the spread of “revenge pornography.” These legal measures prevent the dissemination of private, intimate images without the subject’s consent.

In her decision, Fujie pointed out that the filmmakers had agreements with both actors, demonstrating their willingness to take part in the movie.

Though there was no explicit approval given, the actions and statements of the Plaintiffs in the decades following the 1968 release of the Film suggest they tacitly endorsed and approved of the Film, including the Bedroom Scene. This endorsement is shown through their appearances in interviews, film festivals, and other public events where they did not object to the continued distribution of the various releases of the Film.

As a passionate cinephile, I can’t help but reminisce about the electrifying impact of “Romeo and Juliet” when it graced our screens. Its enduring popularity was largely fueled by Zeffirelli’s innovative casting choice – young actors in the pivotal roles. This bold move resonated with audiences, and the film garnered a total of four Academy Award nominations. It proudly took home two coveted statuettes, for exceptional cinematography and exquisite costume design.

During an interview with EbMaster in the year 2023, Hussey shared that both she and Whiting each earned approximately £1,500, or roughly $2,200, which was their total compensation, and their acting careers didn’t continue beyond this point.

She remarked, “People often assume, ‘You must have made a fortune – you were part of a prestigious production,'” she said. To which we respond, “Not at all. We didn’t receive any significant compensation. We only received minimum wage. We were always struggling financially. The truth is, we felt taken advantage of, and if I were to reflect on it now, Leonard and I would agree that we felt exploited throughout the entire experience.

For many years following its release, Hussey and Whiting publicly supported the movie, including the debatable naked scene. However, in an interview with EbMaster, she confessed that her defense was merely a facade, revealing that the experience left her emotionally scarred.

She acknowledged that they might have casually commented, ‘Oh, it was art; everyone occasionally does nudity, no cause for alarm,’ but privately, her mother and close friends understood that the experience was distressing. It wasn’t a choice she actively made; instead, she felt compelled to comply because she believed she had no other option, and Leonard shared this sentiment.

Hussey stated that his mother wasn’t present on the movie set, and he discovered about the explicit scene later, once the movie had already been filmed.

In 2023, Whiting confided in EbMaster that he wasn’t psychologically ready to shoot scenes without clothing, and he described the encounter as “extremely awkward” or “unsettling.

He stated, “I felt the situation didn’t necessitate nudity because we were minors,” he explained. “Despite Olivia being extremely anxious and terrified, there was a strong bond between us. We genuinely cared for each other and supported one another throughout that challenging time.

Whiting said that he bears no ill will toward Zeffirelli, who died in 2019 at age 96.

He assured everyone, “There’s absolutely no issue whatsoever between Olivia, me, or Franco. Any suggestion to the contrary is completely baseless.

Paramount chose to dismiss the lawsuit using California’s anti-SLAPP law, a statute designed to safeguard First Amendment rights from baseless legal actions. In their motion, the studio’s legal team highlighted that in 2018, Whiting had communicated with then-CEO James Gianopulos, expressing concerns about the fairness of his contract and requesting an increase in compensation.

The studio’s legal team argued that no matter how the Plaintiffs try to alter their account of events from 1967 on set, or how they conduct themselves afterward, it will not prevent this current lawsuit from sharing the same outcome as the previous one.

As a discerning movie enthusiast, I find myself compelled to voice my thoughts on the recent court decision regarding the actors’ case. Though I am not their legal counsel, if I were, I would certainly advocate for an appeal. The ruling, in my opinion, appears to have overstepped its bounds by making factual determinations about consent and the digital restoration process at this juncture of the trial proceedings. Such findings, in my view, should ideally be reserved for a later stage when all evidence has been presented and thoroughly evaluated.

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2024-10-21 21:47