Britney SpearsA judge has dismissed Britney Spears‘ libel suit against Us Weekly magazine, saying there is no way she could win her claim that an article about a supposed sex tape was defamatory.

Britney and husband Kevin Federline filed the challenge against the magazine last December after it ran an article titled “Brit & Kev: Secret Sex Tape? New parents have a new worry: racy footage from 2004″. The article, published in October last year, stated that they “feared that an X-rated tape starring the two may go public” and claimed Britney acted immaturely when they showed their lawyers the video.

The libel action claimed the article “maliciously and recklessly portrays [Spears] as acting ‘goofy’” and since the video didn’t exist in the first place, the article was “a despicable work of fiction comprised of blatant lies from beginning to end.”

However, Los Angeles Superior Court Judge Lisa Hart Cole has stated that it is “clear that plaintiff did not bring this lawsuit because she was falsely accused of acting goofy” and ruled that it is not defamatory to suggest the married couple made a video of a consensual sex act, particularly since Britney has previously “put her modern sexuality squarely, and profitably, before the public eye” and the pair had used a home video camera to film aspects of their relationship for reality tv show, Britney & Kevin: Chaotic.