# Smirky McDouchebag lawsuit dismissed **URL:** \ **Category:** The BBQ Pit\ **Created:** [July 26, 2019, 8:59pm UTC](https://boards.straightdope.com/t/smirky-mcdouchebag-lawsuit-dismissed/837686 "2019-07-26T20:59:17Z")\ **Posts on this page:** 20\ **Page:** 11
**Author:** ![DirkHardly](https://avatars.discourse-cdn.com/v4/letter/d/6a8cbe/32.png) [@DirkHardly](https://boards.straightdope.com/u/DirkHardly)\ **Post date:** [July 31, 2019, 12:06am UTC](https://boards.straightdope.com/t/smirky-mcdouchebag-lawsuit-dismissed/837686/201 "2019-07-31T00:06:31Z")
> [@Knowed\_Out](#): > > wha wha wha whaaa? > > It’s difficult to parse that convoluted mess of a sentence, but you seem to be saying those who term others as “racist” or “sexist” aren’t doing it right because they can’t conceive of objective truth? That would apply to any pejorative term, such as the “dumbfuck” you like to overuse. > > Look, observers can only respond to what they observe, and if the observed displays racist or sexist behavior, that’s what they’ll get called, even if down deep they’re nice law-abiding boy scouts. In order not to get a bad label, they have to not engage in bad behavior. While the news coverage may have portrayed Smirky McDouchebag in a negative light, they didn’t endeavor to ruin him with false information. That’s what Trump Tweets are for. It’s actually quite clear just apparently beyond your ability to grasp. Rather than you continuing to fling verbal feces at what you don’t understand I’ll try and dumb it down further for you and, I don’t know, type slower? 1. Facts are objective truths. This includes things like the boiling point of water, the speed of light and other scientific facts as well as where you were on a particular date at a particular time, whether you punched someone, etc. 2. Opinions are subjective, and to the extent that they are true they are subjective truths. The two categories of objective and subjective truths are mutually exclusive. No matter how many people agree that x is a racist or y is beautiful it will never be a fact akin to the boiling point of water or how many feet are in a mile. Even if those opinions are based on facts they still remain subjective because the significance of those facts remains subjective. Objective facts have no subjective qualities unless you get all philosophical. The temperature of the water and the atmospheric pressure are objective criteria relating to the boiling point of water and in no way subjective. 3. This is relevant here because Lance Turbo was actually correct that truth is an absolute defense to defamation claims. Where he is incorrect is that it applies to this case at all. The only claims of defamation that are subject to the truth defense are, unsurprisingly, those based on a falsifiable claim of objective truth - claims of defamation for being called a thief for example are defeated by a relevant criminal conviction for theft. 4. When the claim of defamation is based on a non-falsifiable accusation such as racism then truth is not available as a defense precisely because opinions are non-falsifiable. On the other hand matters of opinion, or at least pure opinion, are protected speech and not normally subject to defamation claims anyways. Which is exactly what happened in the case in question. Do you get it now? ---
**Author:** ![Lance\_Turbo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lance_turbo/32/6156_2.png) [@Lance\_Turbo](https://boards.straightdope.com/u/Lance_Turbo)\ **Post date:** [July 31, 2019, 12:48am UTC](https://boards.straightdope.com/t/smirky-mcdouchebag-lawsuit-dismissed/837686/202 "2019-07-31T00:48:21Z")
> [@DirkHardly](#): > > What a vile and reprehensible thing to even joke about in the Pit you utter piece of shit. > > From a dispassionate logical standpoint you realize those aren’t close to being analogus right? Of course you don’t, you’re a stupid asshole Oh snowflake. Weirdly, “The lady doth protest too much, methinks,” describes both your post and one of many disturbing aspects of the porn you’re into. I assume. ---
**Author:** ![DirkHardly](https://avatars.discourse-cdn.com/v4/letter/d/6a8cbe/32.png) [@DirkHardly](https://boards.straightdope.com/u/DirkHardly)\ **Post date:** [July 31, 2019, 12:54am UTC](https://boards.straightdope.com/t/smirky-mcdouchebag-lawsuit-dismissed/837686/203 "2019-07-31T00:54:36Z")
> [@Airbeck](#): > > I don’t know dumb fuck either. Friend of yours? > > I’m not the one who is claiming to be the “adult” in the pit. And tantrum? Really? Again, this is the pit. Lighten up Francis. The claim of being an “adult” was in relation to k9 blathering on about things clearly beyond their comprehension and in no other sense. As in their opinions as to whatever facts were being discussed were irrelevant and lacking in knowledge and logic like those of a petulant child. And maybe it’s just me but Pit or not I think going after people should be restricted to those who deserve it or general gonad- busting for amusement and not pathetic efforts to feed one’s ego. And sometimes people do indeed need to lighten up and sometimes assholes use it in an effort to rationalize and minimize their asshole behavior ---
**Author:** ![SlackerInc](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/slackerinc/32/275_2.png) [@SlackerInc](https://boards.straightdope.com/u/SlackerInc)\ **Post date:** [July 31, 2019, 1:04am UTC](https://boards.straightdope.com/t/smirky-mcdouchebag-lawsuit-dismissed/837686/204 "2019-07-31T01:04:50Z")
> [@Lance\_Turbo](#): > > If you watched the video then you know what he did wrong. > > Someone convinced you that he didn’t do anything wrong, but that is bullshit. You know what he did, and what he did was wrong. Which is what? And no one “convinced” me. What are you even talking about? Do you think I listen to Rush Limbaugh or sit around watching FOX News? LOL I came to that conclusion on my own, from watching the video. ---
**Author:** ![DirkHardly](https://avatars.discourse-cdn.com/v4/letter/d/6a8cbe/32.png) [@DirkHardly](https://boards.straightdope.com/u/DirkHardly)\ **Post date:** [July 31, 2019, 1:06am UTC](https://boards.straightdope.com/t/smirky-mcdouchebag-lawsuit-dismissed/837686/205 "2019-07-31T01:06:37Z")
> [@Lance\_Turbo](#): > > Oh snowflake. > > Weirdly, “The lady doth protest too much, methinks,” describes both your post and one of many disturbing aspects of the porn you’re into. I assume. There’s really only one kind of “common” porn that’s illegal in the US and that ain’t it. So while this comment is…whatever, you might understand what I thought you were implying was much more disturbing, although rape-porn or whatever the hell you’re getting at is disturbing enough. It wouldn’t even occur to me to go there to insult someone but you do you I guess ---
**Author:** ![Lance\_Turbo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lance_turbo/32/6156_2.png) [@Lance\_Turbo](https://boards.straightdope.com/u/Lance_Turbo)\ **Post date:** [July 31, 2019, 1:24am UTC](https://boards.straightdope.com/t/smirky-mcdouchebag-lawsuit-dismissed/837686/206 "2019-07-31T01:24:58Z")
> [@SlackerInc](#): > > Which is what? > > And no one “convinced” me. What are you even talking about? Do you think I listen to Rush Limbaugh or sit around watching FOX News? LOL I came to that conclusion on my own, from watching the video. Look you’re an unapologetic racist on top of being a notorious contrarian dumbass so it is completely unsurprising that you can’t see fault in Smirky McDouchebag with your funhouse mirror view of right and wrong. Go fuck yourself. ---
**Author:** ![SlackerInc](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/slackerinc/32/275_2.png) [@SlackerInc](https://boards.straightdope.com/u/SlackerInc)\ **Post date:** [July 31, 2019, 1:27am UTC](https://boards.straightdope.com/t/smirky-mcdouchebag-lawsuit-dismissed/837686/207 "2019-07-31T01:27:27Z")
IOW you cannot articulate anything he did wrong. I thought as much. ---
**Author:** ![Lance\_Turbo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lance_turbo/32/6156_2.png) [@Lance\_Turbo](https://boards.straightdope.com/u/Lance_Turbo)\ **Post date:** [July 31, 2019, 1:30am UTC](https://boards.straightdope.com/t/smirky-mcdouchebag-lawsuit-dismissed/837686/208 "2019-07-31T01:30:22Z")
> [@DirkHardly](#): > > There’s really only one kind of “common” porn that’s illegal in the US and that ain’t it. You seem to know an awful lot about where exactly the line between legal and illegal porn is. Like. A. Lot. Why is that snowflake? You seem like the type who thinks about that a bunch. I don’t know this, but I feel it strongly, and that should count for something. ---
**Author:** ![Lance\_Turbo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lance_turbo/32/6156_2.png) [@Lance\_Turbo](https://boards.straightdope.com/u/Lance_Turbo)\ **Post date:** [July 31, 2019, 1:32am UTC](https://boards.straightdope.com/t/smirky-mcdouchebag-lawsuit-dismissed/837686/209 "2019-07-31T01:32:38Z")
> [@SlackerInc](#): > > IOW you cannot articulate anything he did wrong. I thought as much. In other really fucking dumb words. Like completely inaccurate and wrong words are technically, “other words.” So I guess you’re right about this one. Blind squirrel and all that. ---
**Author:** ![SlackerInc](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/slackerinc/32/275_2.png) [@SlackerInc](https://boards.straightdope.com/u/SlackerInc)\ **Post date:** [July 31, 2019, 1:38am UTC](https://boards.straightdope.com/t/smirky-mcdouchebag-lawsuit-dismissed/837686/210 "2019-07-31T01:38:49Z")
You could actually state what you think he did wrong. But you don’t. Why not? ---
**Author:** ![octopus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/octopus/32/3716_2.png) [@octopus](https://boards.straightdope.com/u/octopus)\ **Post date:** [July 31, 2019, 2:16am UTC](https://boards.straightdope.com/t/smirky-mcdouchebag-lawsuit-dismissed/837686/211 "2019-07-31T02:16:00Z")
> [@DirkHardly](#): > > Ah Big T, an arrogant, self-righteous dumb fuck that stands out even among other arrogant, self-righteous dumb fucks. I’ve been reading your drivel for years. Can you even begin to grasp the arrogance and faulty logic in terms of Christian theology that would cause to say you believe people would go to hell for voting for Trump? Of course you can’t because you’re the arrogant, self-righteous dumb fuck who said it. > > And once again you and k9 blatantly make assumptions about me without any evidence whatsoever all while touting your own logical skills, disparaging mine, and completely missing the obvious irony. You’re about as familiar with logic as you are the touch of a woman. > > And just like you overestimate your own logical reasoning abilities you overestimate the average person’s grasp of logical reasoning as well. The average person is terrible at it, primarily because objectivity is a skill that needs to be learned against our natural inclinations. That’s what the LSAT tests for and what law school teaches you - objectivity, logic, and how to debate using those skills. > > Like most stupid people when you encounter something you don’t understand you assume the fault lies externally and not with you. Stupid people are usually the last ones to admit they’re stupid because one of the areas they lack knowledge in is just how much knowledge they lack. > > And there remains the incontrovertible fact that every one of your assumptions, the ones you made with non-existent evidence and faulty logic, is wrong. I not only did pretty well on the LSAT (top 2-3%) but my score was enough to gain admission and a scholarship to my alma mater which at the time was ranked in the top 25 and one of the top public law schools in the country. And I graduated 15 years ago. So what would you do if I posted pretty strong evidence of this? Like a picture of my JD for instance? What recourse are you going to have then? > > I know it’s not me Big T, it’s you and others. My ability to argue logically and make legal arguments has been tested repeatedly on an academic and professional level and I know none of you can say the same thing. All of you keep accusing me in vague terms of lacking in reading comprehension, making bad arguments, etc but none of you actually seem to be able to come up with any reasons as to exactly how I’m doing what you accuse me of. The fact that you’re oblivious to this omission on your part says a lot about your actual ability to reason logically and debate. There’s other lawyers on this board feel free to ask them what they think of my posts. Won’t really matter though because I know everything I stated about my education and background is true and every argument I made logically sound. You on the other hand are widely considered to be a stupid douche. Have at it. Listen, you know if you’ve spent any time at all in the Pit that lack of reading comprehension that BigT and others display over multiple years has to be an act. I don’t see how one could be a functioning adult and read as poorly as they appear to. So chalk it up to dishonesty. You aren’t going to get through to their weasely little brains because they don’t have any intention of honest debate. ---
**Author:** ![Lance\_Turbo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lance_turbo/32/6156_2.png) [@Lance\_Turbo](https://boards.straightdope.com/u/Lance_Turbo)\ **Post date:** [July 31, 2019, 2:25am UTC](https://boards.straightdope.com/t/smirky-mcdouchebag-lawsuit-dismissed/837686/212 "2019-07-31T02:25:00Z")
> [@SlackerInc](#): > > You could actually state what you think he did wrong. But you don’t. Why not? Because I don’t like you. I don’t feel like it. And it would be a waste of time since explaining right and wrong to you is like trying to teach a dog calculus. Go fuck yourself. ---
**Author:** ![Lance\_Turbo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lance_turbo/32/6156_2.png) [@Lance\_Turbo](https://boards.straightdope.com/u/Lance_Turbo)\ **Post date:** [July 31, 2019, 2:28am UTC](https://boards.straightdope.com/t/smirky-mcdouchebag-lawsuit-dismissed/837686/213 "2019-07-31T02:28:08Z")
> [@octopus](#): > > You aren’t going to get through to their weasely little brains because they don’t have any intention of honest debate. I certainly didn’t have any intention of honest debate when I started this pit thread. I wanted to celebrate the thwarting of an attack on the first amendment by Smirky McDouchebag and tell anyone who supported him to go fuck themselves. And… I am fucking nailing it! Also, go fuck yourself. ---
**Author:** ![SlackerInc](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/slackerinc/32/275_2.png) [@SlackerInc](https://boards.straightdope.com/u/SlackerInc)\ **Post date:** [July 31, 2019, 2:28am UTC](https://boards.straightdope.com/t/smirky-mcdouchebag-lawsuit-dismissed/837686/214 "2019-07-31T02:28:19Z")
> [@lance turbo](#): > > i don’t feel like it. roflmao ---
**Author:** ![octopus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/octopus/32/3716_2.png) [@octopus](https://boards.straightdope.com/u/octopus)\ **Post date:** [July 31, 2019, 2:32am UTC](https://boards.straightdope.com/t/smirky-mcdouchebag-lawsuit-dismissed/837686/215 "2019-07-31T02:32:51Z")
> [@Lance\_Turbo](#): > > I certainly didn’t have any intention of honest debate when I started this pit thread. > > I wanted to celebrate the thwarting of an attack on the first amendment by Smirky McDouchebag and tell anyone who supported him to go fuck themselves. > > And… I am fucking nailing it! > > Also, go fuck yourself. If it brings you joy, great. At least when you are occupied here you aren’t beating up kids at the park. ---
**Author:** ![Lance\_Turbo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lance_turbo/32/6156_2.png) [@Lance\_Turbo](https://boards.straightdope.com/u/Lance_Turbo)\ **Post date:** [July 31, 2019, 2:48am UTC](https://boards.straightdope.com/t/smirky-mcdouchebag-lawsuit-dismissed/837686/216 "2019-07-31T02:48:00Z")
> [@octopus](#): > > If it brings you joy, great. At least when you are occupied here you aren’t beating up kids at the park. How the fuck would you know what I do at the park? You’re not allowed within 500 feet of places where children congregate. ---
**Author:** ![Lance\_Turbo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lance_turbo/32/6156_2.png) [@Lance\_Turbo](https://boards.straightdope.com/u/Lance_Turbo)\ **Post date:** [July 31, 2019, 2:49am UTC](https://boards.straightdope.com/t/smirky-mcdouchebag-lawsuit-dismissed/837686/217 "2019-07-31T02:49:18Z")
> [@SlackerInc](#): > > roflmao Look at this giggly fucking racist. ---
**Author:** ![BigT](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bigt/32/12044_2.png) [@BigT](https://boards.straightdope.com/u/BigT)\ **Post date:** [July 31, 2019, 3:21am UTC](https://boards.straightdope.com/t/smirky-mcdouchebag-lawsuit-dismissed/837686/218 "2019-07-31T03:21:14Z")
You’re still doing exactly what I said, DirkHardly. You prove your logic skills not through claiming you have some sort of rewards, but by actually making rational arguments. Your reply to me, however, was not rational. > [@DirkHardly](#): > > Ah Big T, an arrogant, self-righteous dumb fuck that stands out even among other arrogant, self-righteous dumb fucks. I’ve been reading your drivel for years. Can you even begin to grasp the arrogance and faulty logic in terms of Christian theology that would cause to say you believe people would go to hell for voting for Trump? Of course you can’t because you’re the arrogant, self-righteous dumb fuck who said it. This paragraph is not logical or rational. Rather than debunk anything I’ve said, it simply brings up an argument I’ve made in the past. And then it can’t even actually debunk that argument. This entire paragraph is just a giant ad hominem. Not rational argument. > [@](#): > > And once again you and k9 blatantly make assumptions about me without any evidence whatsoever all while touting your own logical skills, disparaging mine, and completely missing the obvious irony. You’re about as familiar with logic as you are the touch of a woman. This also is not rational. For one, you misread my post, where I did not actually make assumptions, but merely explained why certain assumptions would be made. But, more importantly you actually do the very thing you claim is wrong. You assume that I and “k9” have never felt the touch of a woman. You have no evidence of this. But you are willing to make an assumption. Yet you claim making any sorts assumptions is wrong. You ignore your own logic. > [@](#): > > And just like you overestimate your own logical reasoning abilities you overestimate the average person’s grasp of logical reasoning as well. The average person is terrible at it, primarily because objectivity is a skill that needs to be learned against our natural inclinations. That’s what the LSAT tests for and what law school teaches you - objectivity, logic, and how to debate using those skills. This portion of your argument has nothing to do with anything I argued. I never said anything about the general public. > [@](#): > > Like most stupid people when you encounter something you don’t understand you assume the fault lies externally and not with you. Stupid people are usually the last ones to admit they’re stupid because one of the areas they lack knowledge in is just how much knowledge they lack. This is just faulty logic. Placing your statement into conditional form: Stupid people assume the fault lies in everyone but them. BigT assumes that the fault lies is someone else. Therefore BigT is stupid. It should now be apparent that this paragraph is merely the logical fallacy of assuming the consequent. > [@](#): > > And there remains the incontrovertible fact that every one of your assumptions, the ones you made with non-existent evidence and faulty logic, is wrong. I not only did pretty well on the LSAT (top 2-3%) but my score was enough to gain admission and a scholarship to my alma mater which at the time was ranked in the top 25 and one of the top public law schools in the country. And I graduated 15 years ago. So what would you do if I posted pretty strong evidence of this? Like a picture of my JD for instance? What recourse are you going to have then? Except that isn’t incontrovertible fact. It is information that you claim to have, but none of the rest of us know it is actually exists. It is foolish to try to refer to one’s accolades to try and bolster their argument on an anonymous message board. > [@](#): > > I know it’s not me Big T, it’s you and others. My ability to argue logically and make legal arguments has been tested repeatedly on an academic and professional level and I know none of you can say the same thing. All of you keep accusing me in vague terms of lacking in reading comprehension, making bad arguments, etc but none of you actually seem to be able to come up with any reasons as to exactly how I’m doing what you accuse me of. The fact that you’re oblivious to this omission on your part says a lot about your actual ability to reason logically and debate. There’s other lawyers on this board feel free to ask them what they think of my posts. Won’t really matter though because I know everything I stated about my education and background is true and every argument I made logically sound. You on the other hand are widely considered to be a stupid douche. Have at it. And this is the crutch of your bad argument. Rather than bolster your argument through showing evidence that it is correct, you argue that, because you have received some academic credentials related to logical thinking, your subsequent responses must in fact be always logical. Even if I accept that everything you have said is true, it would have no bearing on whether or not any specific argument you have made is in fact logical. This entire line of reasoning is faulty, which is exactly what I said before. Your logical reasoning abilities appear to be no better than that of **Helmet Doork** or **anomalous1**. Your entire reply to me is full of logical mistakes. It is ultimately nothing but an appeal to emotion. It is perfectly rational to assume that your logical abilities are not actually all that great, based on the examples you have provided here. If you actually want to try and convince people that your arguments are rational, you need to actually argue in a rational manner. ---
**Author:** ![Ale](https://avatars.discourse-cdn.com/v4/letter/a/f19dbf/32.png) [@Ale](https://boards.straightdope.com/u/Ale)\ **Post date:** [July 31, 2019, 4:11am UTC](https://boards.straightdope.com/t/smirky-mcdouchebag-lawsuit-dismissed/837686/219 "2019-07-31T04:11:20Z")
> [@CaptMurdock](#): > > All of the above blathering is from the (deeply flawed) premise that the media (esp. WaPo, whom the suit was specifically filed against) defamed a kid who was just standing around doing nothing. _ **He** _ brought the public ridicule, hatred, contempt or scorn" upon himself. > > BTW, you might want to get your legals cites from somebody besides a “lawyer” who hawks his merch on Youtube. Just saying. Really, he did it to himself? Did he film himself, post a tendentiously edited video to social media? Publish the story in mainstream media with titles such as (IIRC) “This is the face of white supremacy”? What you are doing is blaming the victim, and I have zero doubt you’ll change your tune pretty damn fast if it was you or someone you care at the centre of a manufactured moral panic like this. But, evidently, the kid is a convenient scapegoat for Trump, can’t really hurt the big guy so lash it out on a kid, it’s utterly disgusting. ---
**Author:** ![Ale](https://avatars.discourse-cdn.com/v4/letter/a/f19dbf/32.png) [@Ale](https://boards.straightdope.com/u/Ale)\ **Post date:** [July 31, 2019, 4:13am UTC](https://boards.straightdope.com/t/smirky-mcdouchebag-lawsuit-dismissed/837686/220 "2019-07-31T04:13:37Z")
> [@Lance\_Turbo](#): > > You hope their attack on the first amendment succeeds? Go fuck yourself. > > The judge ruled that even if the facts of the case were exactly as they said, their was no legal reason that they were entitled to damages so. You can’t sue a newspaper for for reporting the truth. They did not report the truth and you are part of a hate mob piling on a kid. Don’t try to dress up your hatred. [Previous page](https://boards.straightdope.com/t/smirky-mcdouchebag-lawsuit-dismissed/837686.md?page=10) [Next page](https://boards.straightdope.com/t/smirky-mcdouchebag-lawsuit-dismissed/837686.md?page=12)