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Tattle: Court: 2 girls in 'Wild' suit can be nameless

LISTEN UP, LADIES: If you engaged in sexual activity for a "Girls Gone Wild" video, the 11th Circuit Court of Appeals says you may sue founder/producer Joe Francis anonymously. If you merely flashed your teenage tatas and didn't go any further . . . your anonymity has not yet been decided.

Joe Francis: Subject of lawsuit
Joe Francis: Subject of lawsuitRead more

LISTEN UP, LADIES: If

you engaged in sexual activity for a "Girls Gone Wild" video, the 11th Circuit Court of Appeals says you may sue founder/producer Joe Francis anonymously. If you merely flashed your teenage tatas and didn't go any further . . . your anonymity has not yet been decided.

The appeals court decision yesterday vacated the order of a Florida federal judge who had rejected a request by four women plaintiffs to remain anonymous.

The ruling allows the two sluttier girls (underage at the time, but now in their 20s) to file without using their real names, with the other two still under consideration.

"The district court failed to give due consideration to the concerns the plaintiffs raised about being forced to maintain the suits in their own names," read the ruling by Chief Judge Joel Dubina. "Justice should not carry such a high price."

That price would be $9.95 per DVD.

The women sued in March 2008, using only their initials, claiming that Francis had exploited them by filming them flashing their breasts and engaging in other sexual activities in Panama City, Fla. It claims the women were ridiculed, ostracized and forced to leave school when the videos were released.

On the plus side, every boy asked them to the prom.

Attorney Rachael Pontikes argued at an October hearing that releasing the girls' names publicly would forever brand them as "porn stars."

"Whenever anyone types any of their names on Google, they will link to these sexualized images," she argued.

And if a duck quacks and walks like a duck, it thus will be branded a duck.

(A Tattle aside: Years ago we interviewed legendary porn star/producer Bill Margold for Premiere magazine. In casting new girls for adult films, Margold said he always warned them to consider the consequences of their actions. You're young now, he'd say, but think about 10 years from now when your 6-year-old comes up to you with a magazine spread and wonders "why Mommy has a candle in her a--.")

Ah, wisdom to live by.

Florida Freedom Newspapers and the Southern Newspaper Publishers Association waded into the First Amendment fight after Pontikes filed the appeal. Their attorneys argued that while reporters may not necessarily publish the names of the girls, they deserve the right to exercise the journalistic discretion to do so.

But the three-judge panel disagreed, finding that the plaintiffs proved a genuine need to keep their identities cloaked. "A general plea for 'openness' is not convincing in light of the strong evidence the plaintiffs have presented of their need to maintain anonymity," the court said.

One of those anonymous plaintiffs filed the suit under under the pseudonym "V." In the decision, this is how the court described "V's" claim: "Plaintiff V alleges that Joe Francis arrived at the hotel room while her friends were still being filmed in the shower. He introduced himself to Plaintiff V and her two friends who were waiting. Plaintiff V alleges that a few minutes later, Francis physically and verbally coerced Plaintiff V and one of her friends to go into a bedroom, where he forced them to put their hands on his genitals and stimulate him. Plaintiff V alleges that Francis gave her $100 to split with her friend as payment for their sexual encounter with him. She joined this suit for damages stemming from this sexual assault."

Francis has pleaded guilty to criminal charges of not having kept proper records involving one of the plaintiffs, and was convicted in state court in Florida of coercing another one of the plaintiffs into prostitution as a minor for paying her $50 to appear on camera.

* In other courtroom news, U.S. Supreme Court Justice Anthony M. Kennedy presided over a mock trial Monday night at the University of Southern California to determine whether Hamlet, prince of Denmark, was sane when he committed murder.

In the hung jury, two found the prince insane, while 10 found him to be sane at the time he stabbed Polonius.

Actors Helen Hunt and Tom Irwin were members of the jury. Former "Hamlet" star Mel Gibson was in the audience.

His sanity was not decided either.

Tattbits

* Readers of AskMen.com have chosen Blake Lively as the world's most desirable woman.

The rest of the top 10, in order, are Mila Kunis, Sofia Vergara, Selita Ebanks, Miranda Kerr, Cheryl Cole, Scarlett Johansson, Katy Perry, Anne Hathaway and Jessica Pare.

Their genes and stylists thank you.

* Halle Berry has pulled out of

the film "New Year's Eve" to prepare for a custody fight over her young daughter, Nahla.

According to TMZ.com, the claws are out.

Halle claims Nahla's dad, Gabriel Aubry, is a petty, crazed, jealous, inattentive man who put their child at risk. Gabriel claims Halle's a rage-filled, jealous, absentee mom who cares more about dating than parenting.

They don't sound too close to an agreement.

* Christina Apple-

gate is a mom.

People.com and her publicist said in a brief news release yesterday that Sadie Grace LeNoble was born Jan. 27 in Los Angeles, and mother and daughter are doing great. There are no other details.

Dutch musician Martyn LeNoble is the daddy.

* The Black Keys

are the only act nominated for two awards for the mtvU Woodie Awards.

You would think the Woodies would go to the best "Girls Gone Wild" videos.

Daily News wire services contributed to this report.

E-mail gensleh@phillynews.com.