The then-teenage stars of the 1968 film “Romeo and Juliet” are appealing a judge’s dismissal on First Amendment grounds of their lawsuit against Paramount Pictures, in which the plaintiffs said they were duped into appearing partially nude in one of the movie’s scenes.
Attorneys for Leonard Whiting and Olivia Hussey filed a Dec. 2 notice of appeal of the dismissal of the most updated version of the plaintiffs’ case. Filed Feb. 12 in Los Angeles Superior Court, the suit alleged unlawful use of intimate photos and likeness and violation of the Performers Rights Act of the United Kingdom, and focused on the release of the film’s digital photos.
In an anti-SLAPP (Strategic Lawsuit Against Public Participation) motion filed in May with Judge Holly Fujie, Paramount Pictures attorneys stated that the entire case was a violation of the studio’s free speech. The judge ruled in the studio’s favor on Oct. 18, saying it was too late for the plaintiffs to argue non-consent.
A previous suit brought by the pair alleged sexual harassment, childhood sexual abuse, fraud, negligence, infliction of emotional distress and other violations, and it was dismissed by a judge in May 2023.
According to the earlier lawsuit, Whiting was 16 years old when he played Romeo in the film, opposite Juliet portrayed by Hussey, who was 15 at the time. The first complaint further stated that the two actors were told by the film’s director, Franco Zeffirelli, “that there would be no nudity filmed or exhibited, and that plaintiffs would be wearing flesh-colored undergarments during the bedroom/love scene.”
Whiting is now 74 years old and Hussey is 73.
“Romeo and Juliet” won Oscars for cinematography and costume design. The film was nominated for best picture and best director for Zeffirelli.