E-Trade had a commercial created for the 2010 Super Bowl. It shows an E-Trade baby explaining to his cute baby girlfriend that he did not call because he was busy diversifying his portfolio on E-Trade. She asks him, "And that milkaholic Lindsay wasn't over?" Lindsay Lohan has filed a $100 million libel lawsuit against E-Trade. Should she succeed? Why or Why Not?

Lindsay Lohan should not succeed in her libel suit against E-Trade because this fails to meet various elements that are required in a libel claim for defamation. Generally, spoken words are classified as slander, however most jurisdictions have designated defamation by broadcast over radio or television as libel, even if the material is not read from a manuscript. This is because the wide dissemination can potentially cause the same harm as written material - so therefore the plaintiff need not demonstrate special damages.

The elements of libel when the claim is brought by a public person are that the defendant made a false and defamatory statement concerning the plaintiff; (2) to a third party; (3) the publisher acted with actual malice in making the publication (rather than mere negligence when the suit is brought by a private person); and (4) the plaintiff was harmed in some way.

This lawsuit should fail is because there was no identifying statements about Lindsay Lohan made in the commercial, because it merely said the name Lindsay, and also she will not be able to prove any harm. Lindsay Lohan is a public figure and necessarily puts herself in the public eye, and as such it is harder for celebrities to win such cases - especially when they merely are poking fun at the individual. The only thing that Lindsay Lohan had in common with E-trade's alleged representation of her, which was a baby, is the name Lindsay.