A move by two university students to halt the forthcoming DVD release of spoof movie Borat has been rejected by a Los Angeles judge.
The students filed legal papers after claiming they were tricked into making racist and sexist remarks to British comedian Sacha Baron Cohen.
The judge also dismissed a request for the scene to be removed from the DVD.
But a trial date for an additional claim - demanding unspecified financial damages - has not been set.
The film - which topped the box office chart in the US and UK - portrayed the men as "objects of ridicule", West Los Angeles Superior Court Judge Joseph Biderman was told.
They also claimed to have suffered "emotional and physical distress".
The pair, and a third man who has not begun legal proceedings, were seen watching an explicit video with Cohen in a motor home.
The unidentified students claimed the film-makers plied them with alcohol before they signed forms agreeing to appear in the movie.
They also alleged they were told the film would never be released in the United States.
The judge's ruling against the men was welcomed by Louis Petrich, a lawyer for 20th Century Fox and One America Productions.