Rita Cosby, whose 2007 book, Blonde Ambition: The Untold Story Behind Anna Nicole Smith’s Death led to the author being sued for defamation over a claim in the book that Smith’s attorney and partner Howard K. Stern and the father of her daughter, Larry Birkhead had a homosexual tryst.

However, Cosby’s defense against the legal charges is that the gay sex claim is not defamatory because “engaging in a homosexual tryst, even if videotaped, does not reflect poorly on someone and in the 21st Century and it most certainly is not a ‘criminal lewd act.’”

In the book Cosby contends that Stern and Birkhead engaged in sexual relations, and that a video tape exists of the men having sex that had been viewed by Anna Nicole.

In court documents, Cosby states that “the fact that Howard and Larry videotaped a sexual encounter does not make the acts any more negative.” She adds that “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.”

This document, which is being coined as the “not that there’s anything wrong with it” defense as a homage to the “Seinfeld” episode that dealt with gay issues, is part of a motion being filed to dismiss Stern’s $60M lawsuit against Cosby and the book’s publisher, Hachette Book Group.

Hachette editors have 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.”

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