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LOS ANGELES -- A judge has thrown out Britney Spears' lawsuit against celebrity magazine Us Weekly, ruling the pop star can't be defamed by published rumors that she and her husband had made a sex tape and were worried about its release.
Superior Court Judge Lisa Hart Cole said Spears has "put her modern sexuality squarely, and profitably, before the public eye" and it would be unlikely for the magazine article to be found defamatory.
Her decision to dismiss the $10 million lawsuit filed last year did not address whether the October 2005 story was true or false.
Us said in a statement it stood by its reporting and was pleased with the decision.
The lawsuit stemmed from an article published Oct. 17, 2005, in the magazine's "Hot Stuff" column under the headline, "Brit and Kev: Secret Sex Tape? New parents have a new worry: racy footage from 2004."
It claimed Spears and her husband, Kevin Federline, feared the release of a secret sex tape, which they had viewed with their estate planning lawyers.
The article said that Spears gave a copy of the tape to lawyers on Sept. 30 and she and Federline were "acting goofy the whole time" while watching the video.
Spears sued after Us refused to issue a retraction.
http://www.wftv.com/entertainment/10263442/detail.html
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