Second lawsuit over “Romeo and Juliet” bedroom scene dismissed once again

1968 film revisited in courtroom battle

A legal battle surrounding the infamous bedroom scene in the 1968 film adaptation of Romeo and Juliet has been brought to a close once more. On Monday, a judge dismissed the second lawsuit filed by the lead actors, Olivia Hussey and Leonard Whiting, regarding their nude appearance in the film.

A closer look at the lawsuit

Actors’ allegations

Hussey and Whiting, who were 16 and 17 years old during the filming, first raised their grievances against Paramount in December 2022. The actors alleged that they were misled by director Franco Zeffirelli into shooting the controversial scene, which included a lingering shot of Whiting’s bare buttocks and a glimpse of Hussey’s naked breasts.

Legal challenges and rulings

The initial lawsuit was thrown out in May 2023 on statute of limitations grounds. Undeterred, the actors filed a new lawsuit in February 2024, arguing that the 2023 Criterion Collection re-release with digital restoration triggered a new statute of limitations. However, Judge Holly J. Fujie dismissed this claim, stating that the re-release did not make significant changes to warrant revisiting the case.

“A comparison of the 2023 release with the prior versions shows no significant visible improvement in the film, particularly in the Bedroom Scene, to the naked eye,” the judge wrote.

Legal definitions and implications

Allegations of child pornography

In their original lawsuit, the actors argued that the film amounted to child pornography. However, Judge Alison Mackenzie rejected this argument, deeming the scene not “sufficiently sexually suggestive” to meet that definition.

Revenge pornography laws

The amended lawsuit was also filed under state and federal laws intended to combat revenge pornography, which prohibit the non-consensual distribution of intimate images. Judge Fujie’s ruling noted that the producers had contracts with both actors, indicating their consent to participate in the film.

“Even in the absence of express consent, however, Plaintiffs’ subsequent conduct in the decades that followed since the Film’s original 1968 release speaks to Plaintiffs’ implied ratification and approval of the Film, including the Bedroom Scene,” the judge wrote. This determination took into account the actors’ various appearances and statements over the years, where they did not object to the ongoing release and distribution of the film.

The film’s impact and legacy

Release and accolades

“Romeo and Juliet” was a sensation upon its initial release, largely due to Zeffirelli’s bold decision to cast actual teenagers in the lead roles. The movie was nominated for four Academy Awards and won two, for cinematography and costume design.

Financial outcomes

Despite the film’s success, Hussey and Whiting did not reap significant financial rewards. In an interview in 2023, Hussey revealed that both actors were paid £1,500 (approximately $2,200), with no further compensation as their careers dwindled afterwards.

“Everyone says, ‘You must be so well off — you were in a classic,'” Hussey shared. “And we say, ‘No, we didn’t get paid for that.’ We got minimum. We were always broke. I felt exploited, really. Looking back on all of that, Leonard and I, we felt exploited throughout.”

Diverging views on the scene

Defending the controversial scene

Over the years, Hussey and Whiting have publicly defended the film and its nude scene in various interviews. However, in the same 2023 interview, Hussey admitted that her public stance was a facade and that the scene was traumatizing.

“We’d say, ‘Oh, it was art. Everybody does nudity – no big deal,’” she said. “But really, deep down, my mom knew and my close friends knew it was traumatic. It wasn’t something I ever agreed to do. I just did it because I felt like I couldn’t say no. Leonard too.”

Behind the scenes revelations

Hussey’s mother was not present on set and only discovered the nude scene’s existence after the film’s completion. Whiting also echoed her sentiments, stating that he was “not mentally prepared” to film nude and found the experience “very uncomfortable.”

“I believe the scene didn’t require nudity, due to the fact that we were both underage,” Whiting noted. “Olivia was very, very nervous and frightened as well, but we really were very fond of each other and we helped each other get through the whole thing.”

Despite the discomfort, Whiting held no ill will against Zeffirelli, who passed away in 2019 at age 96. “It’s totally wrong to think there’s a problem between Olivia and I and Franco,” he said. “That’s absolute nonsense.”

Legal fallout and potential appeal

Paramount sought to dismiss the lawsuit under the California anti-SLAPP statute, which protects First Amendment expression from frivolous suits. The studio’s lawyers pointed out that in 2018, Whiting had contacted the then-CEO to express dissatisfaction with his contract and request additional compensation.

The studio attorneys stated, “None of Plaintiffs’ sham efforts to re-write what happened on the set in 1967, or how they have comported themselves since, saves this lawsuit from the fate of the Prior Action.”

William Romaine, representing the actors, intends to recommend appealing the judgment, believing factual determinations about consent and the digital restoration’s significance were prematurely addressed.

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