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.
Maybe her maiden name was also Mary Smith.
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.
My mother kept my father’s name after the divorce, so it happens.
That’s my favoured so far 
I’m sorry, just being contrary, but who was the asshole again in this scenario?
Reminds me of a friend who wanted to get ‘Blow Me’ tattooed on his forehead to save time.
I thought this was going to be one of those “I Am Jack’s Colon” things.
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.
It sounds to me like she’d have a case for intenational infliction of emotional/mental distress, 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.
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.
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.
Tattoo back: Joe can’t eat pussy for shit. So I left him.
And then practice so when you raise your eyebrows it says EAT SHIT.
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?
Is anyone else hearing Groucho Marx singing “Lydia, the Tattooed Asshole”?
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.
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.
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?