‘Romeo & Juliet’ stars’ lawsuit over 1968 film’s teen nude scene tossed

Superior Court Judge Alison Mackenzie ruled in favor of Defendant Paramount Pictures’ motion to dismiss the lawsuit filed by Olivia Hussey, who portrayed Juliet at the age of 15 and is currently 72, and Leonard Whiting, who portrayed Romeo at 16 and is also 72.

The film showing here cannot be deemed conclusively illegal as a matter of law, as it is suggested to be sexually suggestive. The authority has not put forth any finding that the “actors in the scene were protected by the First Amendment, as determined by Mackenzie”.

RELATED | ‘Romeo & Juliet’ actors file lawsuit over 1968 film’s teenage naked scene.

In her written decision, she also discovered that a February re-release of the movie remained unaffected, and a California regulation that temporarily halted the time limit for child sexual abuse cases did not fall within the scope of the lawsuit.

The attorney representing the performers criticized the decision and announced their plans to present an updated version of the legal complaint in a federal court.

Lawyer Solomon Gresen stated that in order to safeguard at-risk individuals and guarantee the implementation of current regulations, it is imperative to confront and legally tackle the exploitation and sexualization of underage individuals within the entertainment industry.

romeo and juliet
Leonard Whiting plays Romeo Montague and Olivia Hussey plays Juliet Capulet in the 1968 production of Shakespeare’s “Romeo and Juliet” directed by Franco Zeffirelli. | Courtesy Paramount Pictures via CNN

Despite the brief display of Whiting’s exposed buttocks and Hussey’s exposed breasts, generations of high school students enthusiastically performed Shakespeare’s tragic play, and the movie along with its theme song achieved tremendous popularity during that period.

Franco Zeffirelli, the director who passed away in 2019 at the age of 96, initially informed the two actors that in the final days of filming, they would be wearing flesh-colored undergarments in the late bedroom scene of the movie.

As per the lawsuit, Zeffirelli informed Whiting and Hussey on the day of the filming that they would only be wearing body cosmetics, all the while assuring them that the camera would be placed in a manner that would not reveal any nudity.

Despite the assurances given, they were allegedly filmed nude without their knowledge, which is a violation of federal and California laws against exploitation and indecency towards children.

The suit stated, “and their professions would be harmed, the film would be unsuccessful” or they were told by Zeffirelli to act in the nude. They experienced decades of mental anguish and emotional harm due to sexual harassment and sexual abuse, and the actors opposite them suggested that the success of the film and their careers had not occurred. They sought damages of more than $500 million.

The judge found that the purported works of artistic merit, such as the award-winning film in question, failed to provide legal authority and were selectively chosen from the law.