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The judge ruled that the popstar could not be defamed by the rumor as Britney has "put her modern sexuality squarely, and profitably, before the public eye," and that it would be unlikely that the magazine article would be found to be defamatory.
"The issue is whether it is defamatory to state that a husband and wife taped themselves engaging in consensual sex," the judge wrote in her decision. "The backdrop against which this issue must be addressed is that the plaintiff has publicly portrayed herself in a sexual way in her performances, in published photographs and in a reality show."
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