Author Rita Cosby on Stern-Birkhead Sex: It’s Not a ‘Lewd Act’

If you can believe it, the court battles are still going on between author Rita Cosby and Howard K. Stern. The latest news is that Cosby filed a motion to dismiss the $60 million lawsuit Stern served her with for alleging, among other things, that Stern and Larry Birkhead were having a gay affair and that a sex tape exists.

Stern_birkheadIn Cosby’s motion to dismiss the defamation claims, Cosby says “the fact that Howard and Larry videotaped a sexual encounter does not make the acts any more negative.”

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.'”

Not That There’s Anything Wrong With It [tsg]


  1. Cyd says

    Cosby is absolutely right. Even in North Carolina, it is not defamatory to call someone gay – that is case law there.

  2. j.w says

    Rita Cosby is greedy liar who wrote a book of lies.She is a victim of her own greed and stupidity.Howard and his girlfriend will be rich.Rita totally ruined her reputation.

  3. MJP says

    I mean, really. HKS needs a new hoby- abusing the American Justice System is just not cutting it.
    Not only are abusive suits like this one (not to mention the STILL ONGOING ANS case agaist the Marshal estate) hurt all Americans in that they tie up the justice system and are quite expensive to tax payers.
    I hope that the court rules against HKS and imposes sanctions to discourage others against acts like these.