The Globe was not malicious when it printed a story about rumors that Marie Osmond's latest child may be her husband's illegitimate son, according to documents filed by the tabloid in federal court this week.
The tabloid asked U.S. District Judge Bruce Jenkins to dismiss Osmond's suit against The Globe because the tabloid accurately reported the speculation and did not invade her privacy.The Globe also challenged Osmond's claim that her marital life is a private matter the public has no interest in.
Osmond and her husband, Brian Blosil, have 30 days to file a reply. Jeff Walker, the couple's attorney, said the two will fight the tabloid's move to have the suit dismissed and expect to win their case.
The couple's suit stems from a Globe article about Osmond and Blosil showing up at Jimmy Osmond's wedding reception with the infant boy Michael - their fourth child. Osmond implied to wedding guests that she had conceived and borne the infant, the story said.
She also appeared on the Regis and Kathy Lee show and implied that she had borne the child by making a joke about wearing a jacket to hide her figure, the story said.
The story said no one at the wedding, including Osmond's close friends, knew she had the baby. "Marie's mysterious attitude has even sparked rumors that the baby may be the illegitimate son of her producer-husband, Brian Blosil.
"Some people are openly wondering if maybe Michael is Brian's baby and not Marie's and that's why she isn't saying anything," the story said.
Osmond and Blosil sued, saying the article slandered the family and invaded its privacy.
The couple said the article implies that Osmond is a liar and that Blosil is unfaithful to her.
However, the tabloid says it accurately reported the existence of rumors. The article clearly identified the speculation as "rumors" and "wonderings" by those attending Jimmy Osmond's wedding reception, the tabloid's brief says.
A woman who had repeatedly provided accurate information to the tabloid about Osmond in the past attended the reception, talked to the guests and watched Osmond's behavior, the tabloid said.
The information the woman provided was double-checked by the tabloid's staff and the article was reviewed by the tabloid's attorney before publication, the tabloid's brief says.
The tabloid also opted not to use other derogatory information about Osmond provided by the woman, the brief says. The woman told the tabloid that the Osmond family has lied to the public in the past about whether Osmond was hospitalized at one time, that she has a weight problem and "eats like a pig or starves herself," the brief says.
The tabloid's decision not to use that information supports its claim that it did not publish its story maliciously.
The tabloid challenged the couple's claim that there is no public interest in their private lives. Osmond is a public figure who has sought that publicity, the tabloid said in its brief.
Brian Blosil, her husband, is also a public figure, the brief says. Blosil knew that when he "married Osmond only four days after her highly publicized divorce from Steve Craig was finalized" that he would "invite public attention and scrutiny of all aspects of his family and married life," the brief says.
The tabloid also challenged Osmond's claim that she has suffered severe emotional distress because of the tabloid's story. Courts have ruled that such a claim requires distress so severe that no reasonable person should be expected to endure it, the brief says.
Osmond and Blosil have not sought psychotherapy or consultation with clergy because of their distress, the brief says. They have no physical symptoms of the distress. It has not interfered with Osmond's work and Blosil's claim that it has interfered with his creative abilities is too vague.
Osmond's infant, Michael, "is apparently unaware of the Osmond article to date and has not suffered any emotional distress over it," the tabloid says.