Hussey and Whiting submitted declarations to the court on May 11, in which they described their experience during filming. The bedroom scene includes a lingering shot of Whiting’s buttocks and a glimpse of Hussey’s breasts as she gets out of the bed. “They’re profiting off these images without consent.”
“Children cannot consent to use of these images,” Gresen said. The Criterion release included a 4K digital restoration, which Gresen argued would restart the statute of limitations. The plaintiffs plan to base the new lawsuit on a Criterion Collection DVD of the film, which came out in February. Solomon Gresen, who represents Hussey and Whiting, said in an interview that he was consulting with appellate lawyers, and also planned to file a separate lawsuit in federal court. The judge found both that “Romeo and Juliet” qualifies for First Amendment protection, and that the suit is barred by the statute of limitations.
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Paramount sought to dismiss the suit under California’s anti-SLAPP statute, which is intended to weed out frivolous lawsuits that suppress free speech. “Plaintiffs’ argument on the subject is limited to cherry-picked language from federal and state statutes without offering any authority regarding the interpretation or application of those statutory provisions to purported works of artistic merit, such as the award-winning film at issue here.”
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“Plaintiffs 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,” the judge wrote.
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