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Lindsay Lohan weighs in on UN Declaration of Human Rights, cites Cato Institute




Lindsay Lohan, July 6, 2010. (AP/David McNew, Pool)

To the surprise of anyone who actually studies crime and punishment, Lindsay Lohan weighed in on the subject Wednesday night via Twitter:

"It is clearly stated in Article 5 of the UN Universal Declaration of Human Rights that ..... 'No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.' " She then quoted from a 2002 Cato Institute paper by legal scholar Erik Luna decrying unfair sentencing guidelines: "Scores of federal defendants sentenced under a constitutionally perverted ..... system that saps moral judgment through its mechanical rules."

The folks at the D.C.'s libertarian think tank were tickled by the unlikely shoutout, but Cato senior fellow Walter Olsen says the jail-bound actress missed the mark.

"She needs to be more careful in her legal research -- too much time in bars and not enough in law libraries," he told us. The Supreme Court struck down those sentencing guidelines in 2005, and the UN declaration has nothing to do with her case. "Not now or ever has the Geneva Convention protected the right to flip off the judge."

(Speaking of which: Lohan claims the F-bomb inscribed on her middle finger manicure "had nothing to do w/court.")

Anyway, Olsen believes she got a fair hearing. "Compared with the justice most people get, she's been treated gently and carefully," he said. "She's gotten second chances that many people aren't given."

Lohan, sentenced Tuesday to serve 90 days for probation violations, clearly doesn't agree: Her last tweet linked to a Newsweek story about an Iranian woman facing death by stoning.



See also: Lindsay Lohan and Florida senate candidate Jeff Greene together on St. Barth

By The Reliable Source  |  July 8, 2010; 12:38 PM ET
 
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Next: Lindsay Lohan and Florida senate candidate Jeff Greene together on St. Barth

Comments

Lindsay's point is correct, though. She was given a harsh sentence. Whether she has it tough compared to a woman in Iran is an absurd comparison. There is never a bottom to the gutter. She was sentenced harshly. She was sentenced harshly given she is a celebrity and she doesn't conform and be a "nice girl." But destroying her with the all too often cold hand of a judge whose competencies are modulated to gather approval by the talking heads is not fair. Not in America. And the fact is there is unequal access to the law. Poor people do not get equality before the law. Rich people get the justice they pay for. This in injustice, but to make her the sacrificial lamb to this injustice is itself unjust. Leave the girl alone.

Posted by: SKVAM1 | July 8, 2010 4:06 PM | Report abuse

Honestly, I'm not so sure she had the right to cite ANYTHING that insinuates she was being treated badly. Anyone else in her position would have gotten a much worse lot than she received. I really wish she hadn't said anything. It looks like she's trying to get out of her punishment, which isn't going to help her case at all. To the below novice lawyer speaking here, it sounds like a teenage girl bringing out the "cruel and unusual punishment" card on her parents when they ground her.

Posted by: micro_bio | July 8, 2010 4:24 PM | Report abuse

She has gotten away with too much for too long. Put the snot in jail for a minute and remind her that the rules apply to her as well.

Posted by: bigheadbull2 | July 8, 2010 4:36 PM | Report abuse

Lindsay's father is supposed to be on tonight with some more news on a show called "Issues" and will have a personal interview about Lindsay….

Posted by: JVMfan | July 8, 2010 5:30 PM | Report abuse

Lindsay's father is supposed to be on tonight with some more news on a show called "Issues" and will have a personal interview about Lindsay….

Posted by: JVMfan | July 8, 2010 5:30 PM | Report abuse

Playwright Larry Myers'
cautionary stagework
"Lindsay Lohan's Mistakes tree" is abck in his on goingh
Global fringe Rep

Dr Myers lectured last summer at
St John's prestigious Law School wher he is Associate Professor.

Myers' other plays are about the
Gulf Leak

"Edgar Cayce's Autograph"

and Haiti "Point of Impact"

Myers was a Katrina volunteer penning
"Limericks From UnDisclosed Locations"
whicj ran 4 months in NYC

Myers was in the Deep South recently investigating the Gulf Disaster Area

Posted by: dramaman | July 8, 2010 7:41 PM | Report abuse

The judge is her best friend and only true friend.

Posted by: MissClarty | July 8, 2010 10:52 PM | Report abuse

Who cares?

Posted by: sam51 | July 9, 2010 9:49 AM | Report abuse

stone her

Posted by: batigol85 | July 9, 2010 10:56 AM | Report abuse

The First Amendment protects the right to flip off a judge. Duh.

See Chicago 8 trial.

Posted by: anarcho-liberal-tarian | July 9, 2010 11:08 AM | Report abuse

Too bad, so sad, bye bye!!!!!!

Posted by: askgees | July 9, 2010 11:20 AM | Report abuse

Oh please. If this was anyone who wasn't famous she would of been serving time already. Stop giving these people special treatment because now they all think they deserve it. She broke the law. Go to Jail and serve your time. You should be in general public and face what everyone does when they break the law. Now the dumb a## thinks shes a lawyer.

Posted by: bailey50 | July 9, 2010 11:21 AM | Report abuse

Oh please. If this was anyone who wasn't famous she would of been serving time already. Stop giving these people special treatment because now they all think they deserve it. She broke the law. Go to Jail and serve your time. You should be in general public and face what everyone does when they break the law. Now the dumb a## thinks shes a lawyer.

Posted by: bailey50 | July 9, 2010 11:22 AM | Report abuse

A comedy.

Her life as a movie ...

Posted by: hogsmile | July 9, 2010 11:24 AM | Report abuse

The First Amendment protects the right to flip off a judge. Duh.

See Chicago 8 trial.

Posted by: anarcho-liberal-tarian | July 9, 2010 11:08 AM

-------------------------

You'll notice the article is citing the Geneva Convention which Lohan quoted, not the US Constitution...learn to read.

Posted by: anti-elitist | July 9, 2010 11:24 AM | Report abuse

Is there some we can contact so that we can encourage the county to have Lohan serve the FULL 90 days?

Posted by: DIinAlex | July 9, 2010 11:27 AM | Report abuse

Lindsay, can I hold your crack while you are in school?

Posted by: johng1 | July 9, 2010 11:39 AM | Report abuse

The UN Declaration on Human Rights? Really, Lindsay? Cut the dramatics and get ready to serve your time.

Posted by: emcglaughlin | July 9, 2010 11:39 AM | Report abuse

Lindsay Loljail.

Posted by: brickerd | July 9, 2010 11:39 AM | Report abuse

Wait, they have Twitter and internet access in jail? Where have I been?!

Posted by: cotmfk | July 9, 2010 11:40 AM | Report abuse

I am with Lindsay Lohan. She's no lawyer, but she has an argument in these days that we 10 Russian spies liberated in the court system after being charged with money laundering and spying. There is a huge disparity that Lindsay Lohan gets 90 days in jail for minor violations of terms of her parole. Our justice system is being held up to ridicule by these decision. I think the 10 Russians should have been freed only after conviction and serving their sentences. Instead because of political arm twisting, they got a get out of jail free card. Since when did politics override justice in this country?

Posted by: edwardallen54 | July 9, 2010 11:46 AM | Report abuse

I am with Lindsay Lohan. She's no lawyer, but she has an argument in these days that we 10 Russian spies liberated in the court system after being charged with money laundering and spying. There is a huge disparity that Lindsay Lohan gets 90 days in jail for minor violations of terms of her parole. Our justice system is being held up to ridicule by these decisions. I think the 10 Russians should have been freed only after conviction and serving their sentences. Instead because of political arm twisting, they got a get out of jail free card. Since when did politics override justice in this country?

Posted by: edwardallen54 | July 9, 2010 11:47 AM | Report abuse

Actually, First Amendment does NOT give her the right to flip-off the judge. If she had held up a big sign saying "F--- You" to the judge, she could have been held in contempt and given more time in jail. Does ANYONE actually believe this was just a joke not aimed at the court, for which she claimed some much respect?

Posted by: DIinAlex | July 9, 2010 11:49 AM | Report abuse

Listen, I'm no fan of post-'Mean Girls' Lohan, but if you look at the context, she was clearly talking about the story about Sakineh Mohammadi Ashtiani, linked to at the end of those posts.

And she's not necessarily comparing herself to the poor woman about to be stoned, but talking about Actual Human Rights Abuses.

Context is key, folks.

Posted by: fenryswlf | July 9, 2010 11:51 AM | Report abuse

Lohan got a harsher sentence because it was the beleif of the judge that anything less wouldn't have as much of a chance in causing her to modify her behavior. On the other hand, I doubt she's going to learn much from this incarceration anyway.

Posted by: mhoust | July 9, 2010 12:03 PM | Report abuse

To SKVAM1:

Ms. Lohan received a "harsh sentence"? No, once again Ms. Lohan was given a slap on the wrist because she is famous. Can you even IMAGINE what Joe Blow the Citizen would receive after thumbing his/her nose at our laws and courts? I suggest you do a little drunk driving, violating parole, and then flip off a judge hearing your case. I am thinking that 1 year might be the minimum you would get. That's a sight more than 90 days.

What many of us are having a hard time with is the fact that athletes, actors/actresses, musicians, pols...get token punishments for breaking laws in our country while the rest of us are not so lucky. When will the Vicks, Lohans, etc. get the justice the rest of us receive?

"Harsh sentence". You've got to be kidding me.

Posted by: spike591011 | July 9, 2010 12:03 PM | Report abuse

That's what happens when a celebrity hires a 1st year lawyer with no absolutely no experience.

It seems Lindsay Lohan advised her old attorney that Lindsay had no intention of showing up to do any time, which prompted her attorney to quit.

The prosecutor was right, Lindsay Lohan has no respect for the law, and thinks that it just doesn't apply to her.

Stay off the drugs Lilo.

Posted by: lindalovejones | July 9, 2010 12:08 PM | Report abuse

Lindsay Lohan REPEATEDLY lied to the judge, I think they said 7 times, and went to court with "F--k You" painted on her middle finger.

What else can you do with a kid like that to make her understand you don't play silly games in court.


Posted by: lindalovejones | July 9, 2010 12:14 PM | Report abuse

The only reason she is crying is because she can't drink while in jail. This is the best medicine for her an others like her.

Posted by: JWTX | July 9, 2010 12:14 PM | Report abuse

What a train wreck she is.
Her parents should be sent to jail for creating such a screwed up and emotionally immature person.

Posted by: dbeins | July 9, 2010 12:21 PM | Report abuse

BTW, the UN Charter holds no legal weight in the US. I am not really sure what her point is

Posted by: dbeins | July 9, 2010 12:23 PM | Report abuse

She needs all the time she can get and some. How in the wrold can you do the things she has done ans ll you get is a slap on the hand. Tough love and time to reflect that when you do things there are prices to pay. She is out of control just like her pop. Her mother is no mother at all only a birth cannal. She needs some jail time to. That little sister needs a stay away order or she is heading down the same roard. Sad so very sad

Posted by: beeps24 | July 9, 2010 12:37 PM | Report abuse

The First Amendment protects the right to flip off a judge. Duh.

See Chicago 8 trial.

Posted by: anarcho-liberal-tarian | July 9, 2010 11:08 AM
___________________________________________
There's a little thing called "contempt of court." A smart person knows when to push the limit.

Posted by: Lefty_ | July 9, 2010 12:37 PM | Report abuse

She's being imprisoned for being sick - for having the degenerative and inevitably fatal disease of alcoholism, a type of hereditary brain damage in which key neurotransmitters are impaired or destroyed and which is passed on from one generation to the next.

Imagine if someone were being imprisoned for having Tourette Syndrome, or autism, or epilepsy? Would people be calling these other sick individuals "the little snot", etc.?

She needs to be treated, not imprisoned. Unfortunately, recovery from alcoholism is very rare, even with the best available treatments. Perhaps one day there will be a cure. In the mean time, sending a sick young woman to jail is irrational and repulsive.

Posted by: gwailoh2007 | July 9, 2010 12:37 PM | Report abuse

After all her lies, refusal to follow the sentence, drinking, doing illegal drugs, breaking parole - she deserved at LEAST a Year in jail.

Even then I don't think she will ever get it. She doesn't now, with her absurd 'cruel and unusual punishment' complaint. After she finishes her sentence she will go right back to drinking, drugs, driving - until she completely wrecks either someone else's or hers, or both, lives.

Posted by: dave19 | July 9, 2010 12:42 PM | Report abuse

I applaud the judge. No one else seems to have had the guts to stand up to her.

Posted by: gitouttahere | July 9, 2010 12:43 PM | Report abuse

Jail seems to have done wonders for Paris Hilton.

Posted by: eGREGie | July 9, 2010 12:46 PM | Report abuse

This actress is deranged! She cannot possible think that she can get out of this?? I believe her sentencing was completely fair, she was warned MULTIPLY times that this would be her fate if she did not get her act together.

I believe LiLo is a washed up spoiled brat who had what was coming to her. If she wants to secure her career or what ever that is left of it, she needs to own up to her mistake and take it like an adult.

Posted by: MKay2 | July 9, 2010 12:53 PM | Report abuse

She didn't do what she promised the judge she would do. She suffers the consequences and despite how extreme it may feel to her by comparison to her life outside of jail, she's no doubt being treated very, very gently to how you or I would be treated!

It's punishment. It's not supposed to be pleasant. Any treatment she receives isn't likely to be pleasant either because if you think that therapists are tough on clients, you haven't encountered addicts calling each other out on their bullsh**.

Posted by: Skowronek | July 9, 2010 12:59 PM | Report abuse

Lindsay deserve what she got for what she did. Having missed ample opportunities to meet her probation requirements which she decides that she is VIP and don't have to follow the judge's order. UN Charter has no legal weight on our court's sentencing guideline.

Better yet, 90 days is nothing but a slap on the wrist because, at most, she will be out within 40 days with rest of time off for good behavior. she will be treated just like everyone else during her stint there.

Posted by: beeker25 | July 9, 2010 1:00 PM | Report abuse


Please, Ms. Lohan.

Your comments are idiotic and only evidence your continuing contempt for the judicial process.

You intimate that you might be subjected to punishment that would violate your basic human rights?

Let's see, how much jail time were you actually facing for your underage DUI? You were given multiple opportunities to comply with the terms of your probation, but you recently claimed you had to "work", and your "work", such as partying in Cannes, took precedence over your obligations to the Court and, for that matter, to your own ultimate well-being.

Well, you ditz, welcome to the real world. People have to work, and sometimes, when they make bad choices, they also have to comply with terms of their probation. That's the way it works.

I suppose now we know why your legal counsel resigned. Although she attempted to spin it in the best light possible, as any competent attorney would do, based upon a belief that you were treated too harshly, I, for one, tend to believe she saw her client for the out-of-control person with a false sense of entitlement you actually appear to be. I strongly suspect your lawyer told you before the recent Court proceeding you most likely would go to jail, so it should have come as no surprise.

Welcome to the real world.


Posted by: LAWPOOL | July 9, 2010 1:07 PM | Report abuse

DlinAlex @ 11:49 am --

"Actually, First Amendment does NOT give her the right to flip-off the judge. If she had held up a big sign saying "F--- You" to the judge, she could have been held in contempt and given more time in jail."

Not so clear, given the Supreme Court's decision in Cohen v. California (1971). In that case, the defendant wore a T-shirt to court which read "F--- the Draft" and was cited for contempt by the judge. The Supreme Court reversed his conviction on First Amendment grounds. So the issue is whether a comment directed at the judge would be treated differently. There is a reasonable argument that it should be, but who knows?

Posted by: lydgate | July 9, 2010 1:17 PM | Report abuse

Laws are laws, and judges are judges. The key is to avoid ending up on the receiving end of the criminal justice system. Once you screw up, you're like a bug in a web -- fighting it is only going to get you in deeper.

Posted by: tboyer33 | July 9, 2010 1:27 PM | Report abuse

We appreciate Lohan for the quality of her looks, not the quality of her acting, and after these comments, clearly not the quality of her thinking, either.

I hope jail helps her turn her life around. Bravo to the judge.

Posted by: hill_marty | July 9, 2010 1:34 PM | Report abuse

Ms. Lohan isn't taken on human rights, she's taking on her own sense of entitlement. Hopefully, she'll gain a sense of proportion, if not propriety.

Posted by: Skowronek | July 9, 2010 1:49 PM | Report abuse

This witch doesn't need jail--she needs to be placed in a padded cell FOREVER. It is apparent that she is totally insane (drugs, booze or both)She absolutely DID throw the F-Bomb to the judge for that act and total disrespect for our judicial system maybe 5 years in general population at a maximum security prison--solitary for a year would be good!

Posted by: bradford2 | July 9, 2010 1:50 PM | Report abuse

Oops! Wouldn't want to be inhumane, but don't know who I want to spank first, Lindsay or her parents.

Posted by: AnnieP1 | July 9, 2010 1:55 PM | Report abuse

Mr. Olsen is absolutely right that the Geneva Conventions have nothing to do with flipping off a judge. "Geneva Convention" usually refers to International Humanitarian Law (the law of armed conflict) but can also refer to Refugee Law (the 1951 Geneva Convention on the Status of Refugees). The Universal Declaration of Human Rights, which was signed in Paris, does touch on cruel and unusual punishment, and thus is at least related to what goes on in a court room. Ms. Lohan's argument is of course absurd, but perhaps Mr. Olson should spend a little more time in law libraries as well.

Posted by: jeaton65 | July 9, 2010 1:57 PM | Report abuse

Throw this bitchwhitch in jail and throw away the key. Maybe someone could make a 'mistake' and put her in the general population of a mans prison.

Posted by: jimjohnd | July 9, 2010 2:03 PM | Report abuse

I always wondered what the Cato Institute added to the world, now I know.

Posted by: 44fx2901 | July 9, 2010 2:09 PM | Report abuse

if she was a black crack whore the judge couldn't throw her far enough under the jail for anyone to care about how harsh her sentence is.

but put a pretty (bottle) blond celebrity in jail for being a drug abuser and suddenly the justice system is corrupt.

poor little crack head. all that money and no one really cares about you. when the money is all gone, then you'll find out who your friends are. I feel sorry for you, but justice is served.

Posted by: ProfessorWrightBSU | July 9, 2010 2:10 PM | Report abuse

She's already going through withdrawl I see. It's ok Lindsay, you only have 80+ days to go, you can make it....

Posted by: PublicEnemy1 | July 9, 2010 2:17 PM | Report abuse

To the person who says context is everything here. Well, duh, exactly. For her to expound on cruel and unsusual punishment and implicitly compare herself to a potential stoning victim (now canceled) is over the top.

Had she compared her sentence directly to that of the Iranian woman, humbly saying that her sentence was a just one compared to hers, it would be a totally different thing, but does she have that in her?

One gets the impression that she is in a cocoon filled with sycophants.

Posted by: Bluefish2012 | July 9, 2010 2:18 PM | Report abuse

Ah, the cry of the unrepentant addict/alcoholic; "its not me, its the rest of the army that's out of step".

Posted by: nonsensical2001 | July 9, 2010 2:19 PM | Report abuse

she had a perfectly reasonable original sentence. a normal person given that would have had the good sense to abide by the reasonable probation requirements. she felt she could ignore them. she was very, very, wrong. this was no minor "late reporting to your PO" deal, this was "oh forget that whole alcohol meeting thing" A judge who thought he was giving her a second chance had his second chance rubbed in his face. You don't get a second second chance, you get the book thrown at you. simple as that.

Posted by: JoeT1 | July 9, 2010 2:33 PM | Report abuse

I don't understand why people are making fun of the young, brave , obviously intelligent woman. She's in jail for driving drunk... something the overwhelming majority of Americans have done.

Posted by: jewishmother | July 9, 2010 3:47 PM | Report abuse

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