'Romeo and Juliet' nude scene not considered child pornography, judge rules

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A judge tossed a lawsuit brought by the actors in Franco Zeffirelli's "Romeo and Juliet" on Thursday.

Actors Olivia Hussey and Leonard Whiting, who are now 72, originally claimed that a nude scene in the 1968 film was child pornography and that the pair had been sexually abused while filming it.

Superior Court Judge Alison Mackenzie ruled in favor of a motion from defendant Paramount Pictures to dismiss the lawsuit brought by Hussey, who played Juliet at age 15, and Whiting, who played Romeo at 16.

The judge ruled that the film scene was under the protection of the First Amendment, explaining that Hussey and Whiting "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."

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A lawsuit brought by "Romeo and Juliet" actors Leonard Whiting and Olivia Hussey was dismissed Thursday. (Getty Images)

The "Romeo and Juliet" actors claimed that Zeffirelli originally told them they would not film nude and would wear flesh-colored garments instead. However, when it came time to film the scene, the director allegedly insisted the two teenagers be nude, "or the Picture would fail."

Franco Zeffirelli directs Olivia Hussey and Leonard Whiting during the filming of "Romeo and Juliet." (Getty Images)

The film and its theme song were major hits at the time, and — despite the nude scene that briefly shows Whiting's bare buttocks and Hussey's bare breasts — it was played for generations of high school students studying Shakespeare's tragedy.

An attorney for the actors plans to refile the lawsuit in federal court.

"We firmly believe that the exploitation and sexualization of minors in the film industry must be confronted and legally addressed to protect vulnerable individuals from harm and ensure the enforcement of existing laws," lawyer Solomon Gresen said in a statement.

The two stars of 1968's "Romeo and Juliet" sued Paramount Pictures for more than $500 million over a nude scene in the film shot when they were teens.  (AP Photo/File)

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An attorney for Paramount declined to comment on the ruling.

The film director's son previously slammed the lawsuit.

"It is embarrassing to hear that today, 55 years after filming, two elderly actors who owe their notoriety essentially to this film wake up to declare that they have suffered an abuse that has caused them years of anxiety and emotional discomfort," Pippo Zeffirelli told The Guardian in a statement.

Leonard Whiting and Olivia Hussey attend the 50th anniversary world premiere restoration of "The Producers" presented at the opening night gala of the 2018 TCM Classic Film Festival. (Getty Images)

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The Associated Press contributed to this report.