Stern-Birkhead gay sex claim can't be defamatory, Anna Nicole biographer says

Anna Nicole Smith's lawyer-boyfriend Howard K. Stern is suing journalist Rita Cosby for $60 million over claims she made in her Blonde Ambition book that Stern is gay and had sex with Larry Birkhead, father of Smith's baby, Dannielynn.

From The Smoking Gun:

Even if she was wrong when reporting that Howard K. Stern and Larry Birkhead had a sexual encounter, the author of a book about Anna Nicole Smith contends that the claim is not defamatory because "engaging in a homosexual tryst, even if videotaped, does not reflect poorly on someone and in the 21st Century it most certainly is not a 'criminal lewd act.'" This "not-that-there's-anything-wrong-with-it" defense is included in a new federal court declaration filed by TV journalist Rita Cosby, whose 2007 book "Blonde Ambition" triggered a defamation lawsuit brought by Stern, Smith's lawyer and confidante. In her book, Cosby reported that Stern and Birkhead, father to Smith's daughter Dannielynn, engaged in sexual relations, and that a videotape of the two men having sex existed and was viewed by Smith, who died last February. In a December 19 U.S. District Court declaration, an excerpt of which you'll find below, Cosby argues that "the fact that Howard and Larry videotaped a sexual encounter does not make the acts any more negative." Additionally, "In recent history, numerous stars had sex videotapes leaked to the Internet, including Pamela Anderson, Paris Hilton, Rob Lowe and others. A possible sex videotape was hardly something that would raise an eyebrow in the milieu of Anna and Howard's life." The declaration was filed in support of a motion to dismiss Stern's lawsuit, which seeks $60 million in damages from Cosby and her publisher, Hachette Book Group. Other documents filed in the case reveal that Cosby, 44, was paid $405,000 for "Blonde Ambition," which sold poorly, and that Hachette editors acknowledged in affidavits that the book was not fact-checked by the publishing house and that the "author is responsible for the truth of the contents of the book."

Click here to view Cosby's lawsuit.

Comments

[emmabovary]

Rita Cosby is greedy, liar who wrote a book of lies called "Blonde Ambition".Cosby's "star witnesses" Jackie Hatten and Haitian maids vanished.The said Rita didn't talk to them before she wrote a book.Cosby even tried to bribe maids/nannies with $15,ooo to support her book.Another "star witness" Jack Harding said in his affidavit he lied on TV and never talked to Cosby.Howard K Stern will prevail. The truth is on his side.He and his fiancee will be rich and set for life.

[Nick]

Rita wrote a book based on sleazy tabloid gossip.She has no credibility.She ruined her career.Rita got $500,000 in advance from her publisher. She is a victim of her own greed and stupidity.

[MJP]

This is just getting silly. Not only do I find fault with Stern's bringing this lawsuit, but I find fault with the fact that he, most likely, intends to use his "winnings" to fund other abusive lawsuits. Namely, the still living suit Anna Nicole filed against Mr. Marshal's estate.
When the court rules against Stern, I hope that they also impose sanctions to discourage others against this sort of suit.

[noodlemonkey]

I think sanctions are the optimal way to discourage frivolous lawsuits...