LOS ANGELES — A California appeals court has tossed out a lawsuit by Hollywood legend Olivia de Havilland, who sued FX over her depiction in the network’s Emmy-nominated miniseries “Feud: Bette and Joan.”

In a unanimous decision on Monday, the 2nd District Court of Appeal prioritized the show’s creators’ First Amendment rights to freedom of speech over the actress’ complaint.

“Books, films, plays, and television shows often portray real people ... Whether a person portrayed in one of these expressive works is a world-renowned film star — ‘a living legend’ — or a person no one knows, she or he does not own history,” the panel of three judges wrote in its decision.

“Nor does she or he have the legal right to control, dictate, approve, disapprove, or veto the creator’s portrayal of actual people.”

The 101-year-old De Havilland, who won Oscars for Best Actress in 1946 and 1949, had argued that she did not consent to the use of her likeness in the miniseries, nor has she received any remuneration for the use of her name and identity. — AFP