Lindsay Lohan has improved! She has elevated herself above the common DUI to the level of the First Amendment of the Constitution. “Give Me Everything” a song by Rapper Pitbull, D.J. Afrojack and singer Ne-Yo, contains the following catchy lyrics: “So, I’m tiptoein’, to keep it flowin’; I got it locked up like Lindsay Lohan.”
Ms. Lohan took exception to these lyrics and filed suit against Pitbull and company claiming the song violated her right to privacy, defamed her and was using her name for advertising purposes without authorization. She also alleged intentional infliction of emotional distress.
The New York court was not impressed with Ms. Lohan’s claims of emotional distress, defamation or violation of her right to privacy. The court ultimately held that the lyrics were protected speech under the First Amendment. Sorry Lindsay. Better luck next time.
Surprisingly, however, in Illinois, negligent or intentional infliction of emotional distress does not require a physical injury for a personal injury recovery. Guess Lindsay should have filed in our state.
If you or someone you love has been subjected to humiliation or other unusual abuse, please call the Hoag Law Group, LLC. today for your free initial consultation!
Lynette Simmons Hoag
Hoag Law Group, LLC.
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