In a decision made public, Los Angeles Superior Court Judge Lisa Hart Cole found no basis for Spears to prevail on her claim that the magazine article about her was defamatory.

    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.

    The judge cited Spears' 2005 television reality show "Britney & Kevin: Chaotic," which chronicled her courtship and marriage to Federline based largely on home videos shot by the pop star.

    The 10-million-U.S. dollar lawsuit stemmed from an article published Oct. 17, 2005 in the magazine's "Hot Stuff" column in October 2005 under the headline "Brit & Kev: Secret Sex Tape? New parents have a new worry: racy footage from 2004."

    The article claimed that Spears and her husband, Kevin Federline feared that a secret sex tape starring the two may go public and they gave a copy of the tape to lawyers and watched it with them.

    The suit said that the article is libelous on its face, since it maliciously and recklessly portrays (Spears) as acting 'goofy' while watching" the video with their attorneys.

    "It is clear that plaintiff did not bring this lawsuit because she was falsely accused of acting goofy," Hart Cole wrote in the decision. "The issue is whether it is defamatory to state that a husband and wife taped themselves engaging in consensual sex."

    Spears, 24, who married Federline in 2004, has sold more than 60 million albums since she shot to fame with her 1999 debut, "... Baby One More Time."

(Agencies)

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