Pitbull Beats Lindsay Lohan Lawsuit, Defends First Amendment
When she's not appearing in a Los Angeles County criminal courtroom, Lindsay Lohan can be found filing frivolous lawsuits in the state of New York.
But yesterday, according to TMZ, a New York judge sided with Armandito, ruling that it was totally OK for him to drop Lohan's name on the 2011 Billboard chart-topper because, well, the U.S. Constitution says so.
Lohan, "a professional actor of good repute and standing in the Screen Actors Guild," according to the suit, sued under a New York law that "protects people from having their name exploited for commercial purposes."
But compelling arguments from Pitbull's legal team regarding Lohan's curious court filing, plagiarized legal briefings by the actor's attorney, and the First Amendment to the Constitution proved too tough a defense for the plaintiff to penetrate.
"The fact that the Song was presumably created and distributed for the purpose of making a profit does not mean that plaintiff's name was used for 'advertising' or 'purposes of trade' within the meaning of the New York Civil Rights Law," U.S. District Judge Denis Hurley explains in his ruling, according to Billboard.
"The Supreme Court has made clear that "[m]usic, as a form of expression and communication, is protected under the First Amendment." Ward v. Rock Against Racism, 491 U.S. 781, 790 (1989). Thus, because the Song is a protected work of art, the use of plaintiff's name therein does not violate the New York Civil Rights Law."
But that's only the tip of LiLo's legal iceberg.
Judge Hurley dismissed just about every claim the plaintiff made, including the one about "Intentional Infliction of Emotional Distress" and "Unjust Enrichment Claim."
After all was said and done, the "defendants' motion to dismiss the Complaint [was] granted, and their motion for sanctions [were] granted in part and denied in part."
Pilbull 1, Lohan 0. Daleee!.
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