Wednesday, March 10, 2010

Attention Whhaat?

Lindsay Lohan can cry to her mother all she wants, I just don't think she has a case. She has filed a 100 million dollar lawsuit against E-Trade, claiming that she has one name recognition-like Oprah or Madonna-and that the commercial in question is obviously an attack of some kind on her. For its part, E-Trade claims they just picked one of any number of currently popular baby names, in this case one that is also shared by one of their employees. I know that I've seen the following commercial numerous times, and it never occurred to me that it might be a kind of parody of Lindsay.



But, even if it was inspired by her antics, the key here is, it would be classified as a parody by federal law, the vagaries of New York state law notwithstanding. In which case, the outcome of this projected case, assuming it ever sees the light of day in a New York State courtroom, is pretty much a foregone conclusion in the long run. In fact, this is a matter of settled law, as decided in The Supreme Court Hustler Magazine versus Fallwell, better known by its film name The People versus Larry Flynt.

In fact, you could easily make the case that Falwell's complaint had far greater merit than Lohan's. Following is the reproduction of the ad parody from Hustler, in which Falwell waxes poetic about the day when, drunk on Campari, he and his mother had sex in the outhouse-for the first time. Unlike the work of political cartoonists going all the way back to Thomas Nast, when he skewered the corrupt New York Boss Tweed, there was no truth to the parody. Still, it was ultimately decided in favor of Flynt by an 8-0 vote, with Justice Kennedy declining to cast a vote.




Whether this is nothing but a play for attention, or whether Lohan is suffering from some kind of drug induced haze or otherwise is just naturally some kind of paranoid schizophrenic, possible suffering delusions of grandeur and/or persecution, it seems pretty plain to me that she has no case. Too bad she can't see it. And for her mother to encourage this-even referring to the now twenty-three year old woman as a child-goes a long way towards explaining Lindsay Lohan's current mental state.