As I have watch the very sad downward spiral of once promising actress Lindsay Lohan  and her inability to get film work, it brings to mind a blog I wrote almost 4 years ago while she was working on a movie called “Georgia Rule.  Sadly prophetic.

The Legalities of Lindsay Lohan written July 29. 2006

I have never seen a Lindsay Lohan movie. I do not read gossip columns,  or frequent TMZ.  I could not care less about her off screen antics.   I however  could not resist seeing what kind of threatening letter a top studio executive sends a 20 year old out of control, party-wild,  self impressed actress when they are not happy with her work habits.

In this case it involves a movie in production called “Georgia Rule” in which she is the star.  The studio is apparently concerned with Lindsay’s failure to show up for production calls and showing up late when she did show.  They feel there is some relationship to her perceived excessive partying.  In the letter James G. Robinson, CEO of Morgan Creek Productions, calls Lohan’s recent absences from the set “irresponsible and unprofessional.”

Being an attorney, I took interest in the letter.  I  scanned quickly through all the emotional rhetoric and right down to the legal threats. They of course threaten to take all action necessary to ensure the protection of the integrity of the film.  Having some limited exposure to the film industry, the first thing that came to my mind and was what is generally considered one of the more costly aspects of a major motion pictures aside from salaries. This is the completion completion insurance or a “completion bond.”

Now you may ask, what the hell does insurance have to do with Lindsay Lohan and the making of her film?  It may not have a lot to do with this film, but I can guarantee you it will affect her future films and if she doesn’t calm down.  She may find herself a “B” movie queen because she will be uninsureable or it will be cost prohibitive to insure her.

When a studio is casting for a major production it is  a crap shot on whether it makes money.  Like most other business ventures  it is about minimizing risk.  If an actor or actress can not be insured or be insured for a reasonable amount in comparison to the projected revenues of the film that person is probably not going to get many starring  or mainstream roles.   This is because the producers of the film may not be able to get a completion bond.

A completion bond is a motion picture completion guaranty is a written contract that guarantees a motion picture will be finished and delivered on schedule and within budget. The majority of films produced and fully financed by the major Hollywood studios are self-guaranteed. However, most independently financed films, including many that are released and distributed by the major studios, require a completion guaranty.

A producer usually secures a completion guaranty for the benefit of the bank or other financiers who agree to make the necessary production funding strike price available to the producer. In general, a completion guaranty assures banks and financiers that:
1. The producers will complete and deliver the film in keeping with the screenplay, budget and production schedule that the bank or financiers approved; or
2. The completion guarantor will complete and deliver the film in keeping with such pre-approved screenplay and production schedule, and advance such sums in excess of the pre-approved budget necessary to do so; or
3. In the event production of the film is abandoned, the completion guarantor will fully repay all sums invested in the film by the bank or financiers.

If Lindsay, who is from what I hear a very talented actress when she is sober, does not get her act together soon, she will find herself relegated to low budget Indies such as “Herbie Retooled and Reloaded Again And Again And Again And Again”

I purchased a new set of headphones at Best Buy. Mine died of natural causes. I am one of those people that cannot work out unless I am listening to something so it was imperative that I got a new set before my next workout. I thought I had it planned out perfectly. I would buy the headphones, run home, get my gym stuff and be ready to rock and roll!

I found a cool pair that I liked. I got them home. Everything was going as planned. I guess I never really noticed or thought about the fact that they were enclosed in this big thick plastic case. The kind that need to be opened with a phaser or a Jedi light saber. No big deal. I would just get the scissors out and I am ready to go. There were no scissors to be found.

So here we go… I ripped it with my hands, stomped it with my feet, tore it with my teeth, fed it to my dog, fed it to my cat, stabbed it, jabbed it, prayed over it and cursed it. It just smiled back at me laughing, still snugly encased in its plastic kryptonite home. Where is Superman when you need him? Finally in a fit of rage, I took a knife and wildly stabbed at. I completely missed it and impaled my hand. I screamed loudly and throw the package across the room. I heard my cat scream. I looked over and it had sliced off the end of her tail.

After I bandaged my hand, I picked up the cat and the headphones and headed for the vet. On the way to the vet I look at the headphones and they were still in their plastic case laughing at me. I decided that I would have the last laugh and tossed them onto the highway to face a gruesome end by tire squash.

I got my cats tail re-attached. I got my hand stitched and headed home. I was stopped at a red light and out of the corner of my eye I saw a homeless guy wearing my headphones and petting his cat. He was obviously smarter that I was!

I missed my workout.

Question to ponder? What is the point of these “kryptonite cases”? Medieval Chastity Belts were probably easier to break into. Somebody please tell me who invented it so I can send him or her my vet bill.

©2009 Brian Cuban

Someone needs to give political pundit Joe Klein a history lesson before he makes an idiot of himself again.

Klein recently accused Fox commentators Glen Beck and Sarah Palin of “nudging up the the edge of Sedition” I do not have any love for Glenn Beck and the legitimization of  hate speech to make a point but Sedition?  Please….   Klein stated:

“…I said that some of the right-wing infotainment gasbags — people like Glenn Beck etc. — were nudging up close to the edge of sedition. This has caused a bit of a self-righteous ruckus on the right,”

“Let me be clear: dissent isn’t sedition. Questioning an Administration’s policies isn’t sedition. But questioning an Administration’s legitimacy in a manner intended to undermine or overthrow it certainly is.”

“It’s not illegal—unless actions are taken to overthrow the government in question—but it is disgraceful and the precise opposite of patriotism in a democracy,”

If he knows that dissent is not Sedition, what the hell is he talking about?  It is unclear what act or law that Klein would be referring to in claiming that Beck or anyone for that matter would be guilty of Sedition.  The Sedition Act of 1918 was repealed in 1921.

While I doubt that Klein is even aware of its existence  or had it written down on his “little napkin” We can also take a look at the Smith Act which provides:

“Whoever, with intent to cause the overthrow or destruction of any such government, prints, publishes, edits, issues, circulates, sells, distributes, or publicly displays any written or printed matter advocating, advising, or teaching the duty, necessity, desirability, or propriety of overthrowing or destroying any government in the United States by force or violence, or attempts to do so; or Whoever organizes or helps or attempts to organize any society, group, or assembly of persons who teach, advocate, or encourage the overthrow or destruction of any such government by force or violence; or becomes or is a member of, or affiliates with, any such society, group, or assembly of persons, knowing the purposes thereof – Shall be fined under this title or imprisoned not more than twenty years, or both, and shall be ineligible for employment by the United States or any department or agency thereof, for the five years next following his conviction.”

The Smith Act has been The Act is best known for its use against political organizations and figures. It was used primarily against suspected Communists and Fascists during the 1940′s and 50′s.  The last time it was used was against Junius Scales who was the only American ever sent to prison for being a member of the Communist Party. The Supreme Court upheld his conviction in 1961.  Keep your eyes pealed for Klein to claim that Tea Party members should be prosecuted under this act.  He has no clue on the law of Sedition so it is not a far leap from no clue to no sense.

The crime of Seditious Conspiracy is around and has in fact been used by the government, mostly unsuccessfully,(it is being used to prosecute the Hutaree)  but you still have to prove that someone has imminent plans to cross the line from speech to force. The crime of Seditious Conspiracy provides as follows:

“If two or more persons in any State or Territory, or in any place subject to the jurisdiction of the United States, conspire to overthrow, put down, or to destroy by force the Government of the United States, or to levy war against them, or to oppose by force the authority thereof, or by force to prevent, hinder, or delay the execution of any law of the United States, or by force to seize, take, or possess any property of the United States contrary to the authority thereof, they shall each be fined under this title or imprisoned not more than twenty years, or both.”

It is clear from the current state of the law that Klein was so far off in his assertions that to make such claims can only be viewed in the light of hate speech.  Even if everything Klein says is true, it is simply not a crime to delegitimize the United States government through words or even actions unless those actions are designed to overthrow the government BY FORCE.  Further evidence of the mainstream media’s use of hate speech and misstatements of law and fact to not overthrow the government but to delegitimize those who disagree with their point of view.  The essence of 21^st Century Hate Media.

We can just for fun, travel back in time and take a look at how Beck, Palin and many other cable commentators would be treated under real Sedition. The Sedition Act of  1918.  If we were to view the comments in light of this act which is what Klein may have been doing in a misguided manner then yes, Glen Beck, Sarah Palin and 90 percent of the right would probably be facing Sedition charges. Woodrow Wilson was the most oppressive president in United States history in clamping down on government dissent and administration criticism.  Under the 1918 act numerous commentators would be facing Sedition indictments.   Sarah Palin’s statement “ Don’t Retreat, Reload” would have certainly received “Seditious Scrutiny” under that 1918 Act.  An entire book can be filled with inflammatory anti-government statements, which would have come under attack using this statute.  The key here is that in 1918, no act was needed.  Speech alone which was “disloyal, profane, scurrilous, or abusive language” about the U.S. form of government, the Constitution, the flag, or U.S. military or naval forces” could be prosecuted.

Under such as system the attacks from the left would be daily alleging Seditious activity and urging criminal prosecution in a manner similar to the way the Sedition Act  of 1798 was used by the Federalists to squash criticism of President John Adams. 

It is unclear if  Klein’s statements are an indication of how extreme the use of media hate speech has gone to delegitimatize  other networks or his simple incredible ignorance of United States history. Either way he is about 90 years to late to make such statements.

A 2004 study by the Entertainment Software Association found a an increase in online gaming, with 43% of gamers playing online an hour or more each week. In an era of the Sony PlayStation and X-Box 360 the popularity of video games and digital online games remains strong. Our children go online with our approval and play such games as World of Warcraft, Quake and Second Life Virtual Reality.  These games/environments are  also conduits for the exchange of hate speech.

There has been a proliferation of gamers in addition to exchanging gunshots and laser ray gun blasts, trading racist, homophobic and anti-Semitic rhetoric.   The problem like the Internet in general is the anonymity covering the gamers making it easy to engage in hate speech with anonymity and impunity.  The problem with policing an X-Boy type community of 23 million members and 1-2 million users online at any one time are obvious.  Like the social networking sites Facebook, YouTube and MySpace, the community for the most part is forced to police itself with regards to hate speech and other offensive content. The moderators who take down offensive content are for the most part unaware of that content unless a user flags it.  This is the standard in the social networking community. It addition to being the most practical way to monitor hate speech from a business model standpoint it also protects the immunity given Social Networking Sites and gaming sites under Section 230 of The Communications Decency Act.  One might ask whether a gaming population that young be relied on to police itself?  The average user is older than you think. A survey compiled by the Entertainment Software Association and released at E3, the video game industry’s major trade show in Los Angeles, found that a slight majority of video game players are now over 18 years of age. The average age of game players was 29 and the average age of buyers was 36, with men making up 59% of the playing audience.   At this age, it takes the parents out of the equation although as with any type of hate speech it starts at home.  This is also true with standard online digital computer games. What if they were playing games such as Border Patrol where the goal is to kill Hispanics Adults and children crossing the border,

According to the Anti-Defamation League, Hate groups are increasingly using racist and anti-Semitic computer games to recruit young people These games cover a wide variety of racism, anti-Semitism and bigotry targeting Hispanics, Jews, Gays and Blacks to name a few.  Here is one called Ethnic Cleansing where the user is defending “The White Race”.

While gaming networks are taking steps to combat online hate speech, the battle still begins at home.  Ask your children what games they are playing. Take a look.  If they are standard games you would normally see on an X-Box ask  your children if offensive language  is being used.  If they are the ones using it the answer is going to be no but you still have to ask.   How can you tell if it is your child practicing intolerance online?  How can you tell if your child is racist or trending towards that mode of thinking?  It’s not a comfortable topic.  Most parents want their children to grow up color-blind or blind religious and ethnic stereotypes, unfortunately many conclude that they easiest way to do this is to not broach the subject with them.  Unfortunately the structured environments of the living room and kitchen a not the world our children live in. They are constantly exposed to racial stereotypes and trickle down media exposure from other children as well as teachers.  That is the world they live in.

A 2006 Study by Birgitte Vittrup of the Children’s Research Lab at the University of Texas highlighted these issues. Vittrup’s study wanted to learn if typical children’s videos with multicultural storylines have any beneficial effect on children’s racial attitudes.  A disturbing effect of the study was that some parents simply dropped out because they did not want to discuss race with their children.

“We might imagine we’re creating color-blind environments for children, but differences in skin color or hair or weight are like differences in gender—they’re plainly visible. Even if no teacher or parent mentions race, kids will use skin color on their own, the same way they use T-shirt colors. Bigler contends that children extend their shared appearances much further—believing that those who look similar to them enjoy the same things they do.  Anything a child doesn’t like thus belongs to those who look the least similar to him.”[1]

You are not going to be able to monitor what your child does or says 24 hours a day nor should you but digital gaming going on under your roof is fair game to inquire  what your child is exposed to in the gaming community and what his/her reaction is to it. Start tonight.

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[1] See Bab’s Discriminate Newsweek Po Bronson and Ashley Merryman | NEWSWEEK

Published Sep 5, 2009  From the magazine issue dated Sep 14, 2009