# Being a Tattooed Asshole - A Legal Debate **URL:** \ **Category:** Great Debates\ **Created:** [July 27, 2012, 6:29pm UTC](https://boards.straightdope.com/t/being-a-tattooed-asshole-a-legal-debate/629594 "2012-07-27T18:29:05Z")\ **Posts on this page:** 19\ **Page:** 2
**Author:** ![Lamia](https://avatars.discourse-cdn.com/v4/letter/l/8e7dd6/32.png) [@Lamia](https://boards.straightdope.com/u/Lamia)\ **Post date:** [July 27, 2012, 10:13pm UTC](https://boards.straightdope.com/t/being-a-tattooed-asshole-a-legal-debate/629594/21 "2012-07-27T22:13:42Z")
I feel like having a tattoo like that would be its own punishment. I can’t imagine that others would react well to someone with such a tattoo, even if they didn’t know the ugly backstory. ---
**Author:** ![Siam\_Sam](https://avatars.discourse-cdn.com/v4/letter/s/d78d45/32.png) [@Siam\_Sam](https://boards.straightdope.com/u/Siam_Sam)\ **Post date:** [July 27, 2012, 10:14pm UTC](https://boards.straightdope.com/t/being-a-tattooed-asshole-a-legal-debate/629594/22 "2012-07-27T22:14:29Z")
> [@kanicbird](#): > > Change her name back to her maiden name? Maybe her maiden name was also Mary Smith. ---
**Author:** ![Ele\_the\_Stoic](https://avatars.discourse-cdn.com/v4/letter/e/4bbf92/32.png) [@Ele\_the\_Stoic](https://boards.straightdope.com/u/Ele_the_Stoic)\ **Post date:** [July 28, 2012, 9:57am UTC](https://boards.straightdope.com/t/being-a-tattooed-asshole-a-legal-debate/629594/23 "2012-07-28T09:57:39Z")
> [@Mtgman](#): > > Not sure if the tattoo, being on Joe Asshole’s body, would be more inviolate than a billboard, but it seems there is precedent, in the 12th circuit of New Mexico at least, for such an order. That makes sense, but it just leads to the questions of, what happens when one of them leaves town, and enters a new community? The people Mr. Asshole walks by will have no idea who Mary Smith is, so it would be harder to prove damages, or harassment. Likewise, the people Mary meets after Joe leaves would have no idea he had such a tattoo unless she told them, and so would be unaffected in their dealings. A billboard, especially if it’s on a main road, is something you tend to have to pass by - it’s a public space. But one’s body, through search and seizure laws, is considered private. I think it would take a state supreme court to firmly determine if a person’s _face_ is considered private or not, but with masks, handkerchiefs, burqas, and other face coverings being legal, there’s debate either way. I think it would be safe to assume that the tattoo would be considered private because of the fourth amendment, and not subject to the common law precedent of the billboard. A civil suit is a whole other matter, however. ---
**Author:** ![Der\_Trihs](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/der_trihs/32/233_2.png) [@Der\_Trihs](https://boards.straightdope.com/u/Der_Trihs)\ **Post date:** [July 28, 2012, 10:02am UTC](https://boards.straightdope.com/t/being-a-tattooed-asshole-a-legal-debate/629594/24 "2012-07-28T10:02:55Z")
> [@Svejk\_1](#): > > In fact, I have difficulty imagining that any woman would keep her ex-husband’s name after divorce, even if they parted ways amicably. My mother kept my father’s name after the divorce, so it happens. ---
**Author:** ![kob09](https://avatars.discourse-cdn.com/v4/letter/k/ebca7d/32.png) [@kob09](https://boards.straightdope.com/u/kob09)\ **Post date:** [July 28, 2012, 10:17am UTC](https://boards.straightdope.com/t/being-a-tattooed-asshole-a-legal-debate/629594/25 "2012-07-28T10:17:40Z")
> [@Ogre](#): > > Yeah. Mary tracks Joe down, chloroforms him, and adds the following to his tattoo: > > WE WERE MARRIED, AND I HAVE A TINY DICK. That’s my favoured so far 😛 ---
**Author:** ![Latro](https://avatars.discourse-cdn.com/v4/letter/l/a87d85/32.png) [@Latro](https://boards.straightdope.com/u/Latro)\ **Post date:** [July 28, 2012, 10:19am UTC](https://boards.straightdope.com/t/being-a-tattooed-asshole-a-legal-debate/629594/26 "2012-07-28T10:19:16Z")
> [@Shodan](#): > > Consider the following scenario - > > Mary, claims that the relationship was never consummated, because Joe could never perform sexually unless she dressed up as Little Bo Peep and he wore an old sheepskin. Joe denies this, and says there was no real problem with their sex life. But Mary leaves him nonetheless, and filed for divorce, telling all of their mutual friends her version of the circumstances. I’m sorry, just being contrary, but who was the asshole again in this scenario? ---
**Author:** ![TriPolar](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/tripolar/32/3008_2.png) [@TriPolar](https://boards.straightdope.com/u/TriPolar)\ **Post date:** [July 28, 2012, 10:26am UTC](https://boards.straightdope.com/t/being-a-tattooed-asshole-a-legal-debate/629594/27 "2012-07-28T10:26:20Z")
Reminds me of a friend who wanted to get ‘Blow Me’ tattooed on his forehead to save time. ---
**Author:** ![VinylTurnip](https://avatars.discourse-cdn.com/v4/letter/v/b2d939/32.png) [@VinylTurnip](https://boards.straightdope.com/u/VinylTurnip)\ **Post date:** [July 28, 2012, 12:21pm UTC](https://boards.straightdope.com/t/being-a-tattooed-asshole-a-legal-debate/629594/28 "2012-07-28T12:21:16Z")
I thought this was going to be one of those “I Am Jack’s Colon” things. ---
**Author:** ![billfish678](https://avatars.discourse-cdn.com/v4/letter/b/7bcc69/32.png) [@billfish678](https://boards.straightdope.com/u/billfish678)\ **Post date:** [July 28, 2012, 5:13pm UTC](https://boards.straightdope.com/t/being-a-tattooed-asshole-a-legal-debate/629594/29 "2012-07-28T17:13:23Z")
> [@Mtgman](#): > > Not sure if the tattoo, being on Joe Asshole’s body, would be more inviolate than a billboard, but it seems there is precedent, in the 12th circuit of New Mexico at least, for such an order. > > Enjoy, > Steven Thanks guys. That was the related case I was thinking of. And it does sound like the courts are willing to put some limits on free speech / the right to be an asshole. ---
**Author:** ![Marley23](https://avatars.discourse-cdn.com/v4/letter/m/45deac/32.png) [@Marley23](https://boards.straightdope.com/u/Marley23)\ **Post date:** [July 28, 2012, 5:23pm UTC](https://boards.straightdope.com/t/being-a-tattooed-asshole-a-legal-debate/629594/30 "2012-07-28T17:23:55Z")
It sounds to me like she’d have a case for [intenational infliction of emotional/mental distress](http://www.nolo.com/dictionary/emotional-distress-term.html), yes. The precise wording of his tattoo would not matter and I don’t think anything could be done about the actual tattoo, but Joe could certainly be liable for damages. ---
**Author:** ![Justin\_Bailey](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/justin_bailey/32/8792_2.png) [@Justin\_Bailey](https://boards.straightdope.com/u/Justin_Bailey)\ **Post date:** [July 28, 2012, 5:32pm UTC](https://boards.straightdope.com/t/being-a-tattooed-asshole-a-legal-debate/629594/31 "2012-07-28T17:32:26Z")
> [@Lamia](#): > > I feel like having a tattoo like that would be its own punishment. I can’t imagine that others would react well to someone with such a tattoo, even if they didn’t know the ugly backstory. I think we can all agree that getting a forehead tattoo is universal proof that the bearer is a deranged fuckwit. The second Joe leaves the tattoo parlor, his life is over. His future job prospects are nil and his circle of friends is limited to fuckwits like himself and any family members that can bear to be around him. Many businesses will bar him from entrance because of the tattoo. Some landlords will refuse to rent to him. Etc, etc, etc. > [@Shodan](#): > > Joe Smith is an asshole. Keep this in mind. For a while, Joe was married, but it didn’t last long. His former spouse, Mary, claims that the relationship was never consummated, because Joe could never perform sexually unless she dressed up as Little Bo Peep and he wore an old sheepskin. Joe denies this, and says there was no real problem with their sex life. But Mary leaves him nonetheless, and filed for divorce, telling all of their mutual friends her version of the circumstances. > [@Latro](#): > > I’m sorry, just being contrary, but who was the asshole again in this scenario? But I also agree with **Latro**. Joe is clearly a deranged fuckwit, but there was no reason for Mary to publicly reveal the details of their sex life. ---
**Author:** ![RedFury](https://avatars.discourse-cdn.com/v4/letter/r/ec9cab/32.png) [@RedFury](https://boards.straightdope.com/u/RedFury)\ **Post date:** [July 29, 2012, 4:55am UTC](https://boards.straightdope.com/t/being-a-tattooed-asshole-a-legal-debate/629594/32 "2012-07-29T04:55:05Z")
Tattoo back: Joe can’t eat pussy for shit. So I left him. ---
**Author:** ![VinylTurnip](https://avatars.discourse-cdn.com/v4/letter/v/b2d939/32.png) [@VinylTurnip](https://boards.straightdope.com/u/VinylTurnip)\ **Post date:** [July 29, 2012, 11:52am UTC](https://boards.straightdope.com/t/being-a-tattooed-asshole-a-legal-debate/629594/33 "2012-07-29T11:52:29Z")
And then practice so when you raise your eyebrows it says EAT SHIT. ---
**Author:** ![kaylasdad99](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kaylasdad99/32/3398_2.png) [@kaylasdad99](https://boards.straightdope.com/u/kaylasdad99)\ **Post date:** [July 30, 2012, 7:03pm UTC](https://boards.straightdope.com/t/being-a-tattooed-asshole-a-legal-debate/629594/34 "2012-07-30T19:03:52Z")
Does the fact that Joe is now a registered sex offender have any bearing on how much control the state can exercise over his choice of skin art? ---
**Author:** ![Marley23](https://avatars.discourse-cdn.com/v4/letter/m/45deac/32.png) [@Marley23](https://boards.straightdope.com/u/Marley23)\ **Post date:** [July 30, 2012, 7:08pm UTC](https://boards.straightdope.com/t/being-a-tattooed-asshole-a-legal-debate/629594/35 "2012-07-30T19:08:09Z")
> [@kaylasdad99](#): > > Does the fact that Joe is now a registered sex offender have any bearing on how much control the state can exercise over his choice of skin art? I can’t see how. Are there any laws that allow the government any discretion over any adult’s tattoo, RSO or not? ---
**Author:** ![ElvisL1ves](https://avatars.discourse-cdn.com/v4/letter/e/5daacb/32.png) [@ElvisL1ves](https://boards.straightdope.com/u/ElvisL1ves)\ **Post date:** [July 30, 2012, 7:49pm UTC](https://boards.straightdope.com/t/being-a-tattooed-asshole-a-legal-debate/629594/36 "2012-07-30T19:49:30Z")
Is anyone else hearing Groucho Marx singing “Lydia, the Tattooed Asshole”? ---
**Author:** ![kaylasdad99](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kaylasdad99/32/3398_2.png) [@kaylasdad99](https://boards.straightdope.com/u/kaylasdad99)\ **Post date:** [July 30, 2012, 8:09pm UTC](https://boards.straightdope.com/t/being-a-tattooed-asshole-a-legal-debate/629594/37 "2012-07-30T20:09:54Z")
> [@Marley23](#): > > I can’t see how. Are there any laws that allow the government any discretion over any adult’s tattoo, RSO or not? Beats me. It might depend on the state. He _is_ turning his forehead into a (misleading) advertisement of his sexual history (that is, it would be less deceptive for his tattoo to read “I RAPED MARY SMITH”). The state might try to argue that they have an interest in insisting that he either make the statement as accurate as possible, or forgo making one at all. ---
**Author:** ![antonio107](https://avatars.discourse-cdn.com/v4/letter/a/7ea924/32.png) [@antonio107](https://boards.straightdope.com/u/antonio107)\ **Post date:** [July 30, 2012, 8:12pm UTC](https://boards.straightdope.com/t/being-a-tattooed-asshole-a-legal-debate/629594/38 "2012-07-30T20:12:13Z")
I’m a law student, and in 1L torts we learned about intentional infliction of nervous shock, which is what this sounds like. However, as I understand the common law, such a tort requires that you show quantifiable damage, so I don’t know how that work. There’s a relevant case on a similar topic in Canada, talking about the limit of the law to protect victims of public humiliation, where no apparent law has been broken. [http://www.theglobeandmail.com/commentary/our-laws-provide-little-defence-against-humiliation/article4445009/](http://www.theglobeandmail.com/commentary/our-laws-provide-little-defence-against-humiliation/article4445009/) ---
**Author:** ![kaylasdad99](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kaylasdad99/32/3398_2.png) [@kaylasdad99](https://boards.straightdope.com/u/kaylasdad99)\ **Post date:** [July 30, 2012, 8:19pm UTC](https://boards.straightdope.com/t/being-a-tattooed-asshole-a-legal-debate/629594/39 "2012-07-30T20:19:58Z")
> [@ElvisL1ves](#): > > Is anyone else hearing Groucho Marx singing “Lydia, the Tattooed Asshole”? _On his face is the Battle of Courtroom Three Two Beside it the Wreck of old MARY SMITH’s coo- ter Proudly saluting the Red, White and Blue You heard he was an asshole Didn’Ya?_ That’s it. It’s official. I’m going to hell. Anybody want me to save them a seat? [Previous page](https://boards.straightdope.com/t/being-a-tattooed-asshole-a-legal-debate/629594.md?page=1)