# 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:** 13
**Author:** ![Airbeck](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/airbeck/32/6574_2.png) [@Airbeck](https://boards.straightdope.com/u/Airbeck)\ **Post date:** [July 31, 2019, 5:07pm UTC](https://boards.straightdope.com/t/smirky-mcdouchebag-lawsuit-dismissed/837686/242 "2019-07-31T17:07:09Z")
> [@Unreconstructed\_Man](#): > > My dad taught me to stand up for myself and not shrink away from belligerent strangers. What if its a crazy stranger with a gun in his pocket? Good thing you survived to this point. You have no idea who may be approaching you. Why jump to conflict when you have no clue who you are dealing with? Seems like a very reckless way to act for a kid. ---
**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, 5:11pm UTC](https://boards.straightdope.com/t/smirky-mcdouchebag-lawsuit-dismissed/837686/243 "2019-07-31T17:11:20Z")
> [@Unreconstructed\_Man](#): > > My dad taught me to stand up for myself and not shrink away from belligerent strangers. Your dad seems like kind of an asshole. Next time you see him could you tell him to go fuck himself on my behalf. Thanks in advance. ---
**Author:** ![Unreconstructed\_Man](https://avatars.discourse-cdn.com/v4/letter/u/76d3ee/32.png) [@Unreconstructed\_Man](https://boards.straightdope.com/u/Unreconstructed_Man)\ **Post date:** [July 31, 2019, 5:14pm UTC](https://boards.straightdope.com/t/smirky-mcdouchebag-lawsuit-dismissed/837686/244 "2019-07-31T17:14:56Z")
> [@Lance\_Turbo](#): > > Your dad seems like kind of an asshole. Next time you see him could you tell him to go fuck himself on my behalf. Thanks in advance. Nah, he just taught me not to be a gutless, cowering pussy. If only your dad had taught you the same, maybe you wouldn’t have been bullied in school by a kid who looked a bit like Nick Sandmann. I mean, that _is_ what all this is really about, isn’t it. ---
**Author:** ![Unreconstructed\_Man](https://avatars.discourse-cdn.com/v4/letter/u/76d3ee/32.png) [@Unreconstructed\_Man](https://boards.straightdope.com/u/Unreconstructed_Man)\ **Post date:** [July 31, 2019, 5:16pm UTC](https://boards.straightdope.com/t/smirky-mcdouchebag-lawsuit-dismissed/837686/245 "2019-07-31T17:16:29Z")
> [@Airbeck](#): > > What if its a crazy stranger with a gun in his pocket? Good thing you survived to this point. You have no idea who may be approaching you. Why jump to conflict when you have no clue who you are dealing with? Seems like a very reckless way to act for a kid. What’s that line about cowards dying a thousand deaths? ---
**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, 5:18pm UTC](https://boards.straightdope.com/t/smirky-mcdouchebag-lawsuit-dismissed/837686/246 "2019-07-31T17:18:59Z")
> [@Unreconstructed\_Man](#): > > Nah, he just taught me not to be a gutless, cowering pussy. If only your dad had taught you the same, maybe you wouldn’t have been bullied in school by a kid who looked a bit like Nick Sandmann. > > I mean, that _is_ what all this is really about, isn’t it. This is positively dripping with projection. ---
**Author:** ![Unreconstructed\_Man](https://avatars.discourse-cdn.com/v4/letter/u/76d3ee/32.png) [@Unreconstructed\_Man](https://boards.straightdope.com/u/Unreconstructed_Man)\ **Post date:** [July 31, 2019, 5:22pm UTC](https://boards.straightdope.com/t/smirky-mcdouchebag-lawsuit-dismissed/837686/247 "2019-07-31T17:22:51Z")
> [@Lance\_Turbo](#): > > This is positively dripping with projection. Honestly, it’s the only reason I can think of why a grown man with (presumably) a host of adult responsibilities would willingly spend so much of his free time gleefully shitting on a teenager for smirking at an old man. But whatever. I could give a fuck what motivates some random internet bully. Knock yourself out. ---
**Author:** ![Airbeck](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/airbeck/32/6574_2.png) [@Airbeck](https://boards.straightdope.com/u/Airbeck)\ **Post date:** [July 31, 2019, 5:23pm UTC](https://boards.straightdope.com/t/smirky-mcdouchebag-lawsuit-dismissed/837686/248 "2019-07-31T17:23:35Z")
> [@Unreconstructed\_Man](#): > > Nah, he just taught me not to be a gutless, cowering pussy. If only your dad had taught you the same, maybe you wouldn’t have been bullied in school by a kid who looked a bit like Nick Sandmann. > > I mean, that _is_ what all this is really about, isn’t it. Yikes. You should maybe think about talking to someone. Seems like you have some real unresolved issues from childhood to work through. ---
**Author:** ![Airbeck](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/airbeck/32/6574_2.png) [@Airbeck](https://boards.straightdope.com/u/Airbeck)\ **Post date:** [July 31, 2019, 5:25pm UTC](https://boards.straightdope.com/t/smirky-mcdouchebag-lawsuit-dismissed/837686/249 "2019-07-31T17:25:03Z")
> [@Unreconstructed\_Man](#): > > What’s that line about cowards dying a thousand deaths? Exercising restraint and not escalating a confrontation with someone that may or not be mentally ill and/or armed is being a coward? Yeah your dad did a real number on you. ---
**Author:** ![Unreconstructed\_Man](https://avatars.discourse-cdn.com/v4/letter/u/76d3ee/32.png) [@Unreconstructed\_Man](https://boards.straightdope.com/u/Unreconstructed_Man)\ **Post date:** [July 31, 2019, 5:28pm UTC](https://boards.straightdope.com/t/smirky-mcdouchebag-lawsuit-dismissed/837686/250 "2019-07-31T17:28:24Z")
> [@Airbeck](#): > > Exercising restraint and not escalating a confrontation with someone that may or not be mentally ill and/or armed is being a coward? Yeah your dad did a real number on you. _Anyone_ could be mentally ill and _anyone_ could be armed. What you’re proposing is nothing more than a recipe for never standing up for yourself, and allowing any random bully to just walk all over you. Seriously, that’s no kind of life. ---
**Author:** ![Airbeck](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/airbeck/32/6574_2.png) [@Airbeck](https://boards.straightdope.com/u/Airbeck)\ **Post date:** [July 31, 2019, 5:32pm UTC](https://boards.straightdope.com/t/smirky-mcdouchebag-lawsuit-dismissed/837686/251 "2019-07-31T17:32:51Z")
> [@Unreconstructed\_Man](#): > > _Anyone_ could be mentally ill and _anyone_ could be armed. What you’re proposing is nothing more than a recipe for never standing up for yourself, and allowing anyone to just walk all over you. No I’m talking about a teenager at a heated political rally and a grown man walks up to him and gets in his face. You are saying that teenager should stand up to that adult. I’m saying that could get him killed. Your advice to this kid is very dangerous and irresponsible. I’m sorry your dad gave you these unhelpful lessons, but escalating things is generally not a good idea. What if both people have the same attitude, that’s when people die. We should be teaching kids to be the bigger person, not to strive to increase conflict. ---
**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, 5:32pm UTC](https://boards.straightdope.com/t/smirky-mcdouchebag-lawsuit-dismissed/837686/252 "2019-07-31T17:32:53Z")
He stared down Phillips with these guys behind him. > [@](#): > > In multiple videos, the students—some of whom, prior to gathering at the Lincoln Memorial, were allegedly howling “MAGA!” at random female passers-by—can be seen engaging in the familiar chant, bringing their arm downward as if wielding a tomahawk while belting out a crude version of traditional Native American songs. So brave. [Link](https://www.thedailybeast.com/the-history-of-the-covington-maga-teens-racist-tomahawk-chop) ---
**Author:** ![Guinastasia](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/guinastasia/32/5751_2.png) [@Guinastasia](https://boards.straightdope.com/u/Guinastasia)\ **Post date:** [July 31, 2019, 5:59pm UTC](https://boards.straightdope.com/t/smirky-mcdouchebag-lawsuit-dismissed/837686/253 "2019-07-31T17:59:52Z")
> [@Airbeck](#): > > What would you instruct your child to do in that situation? Stand there and stare and smirk? Or maybe just walk away? > > “Son if a man comes up to you and starts drumming in your face, the best thing to do is stand there and stare at him with a shit eating grin”, somehow something tells me that is not what you would say to your son before he attended a political protest rally. Which is why I think it’s the ADULTS who were supposed to be in charge should be the ones getting this treatment. The kids, not so much. As soon as the Black Hebrew Israelites started their bullshit, they should have gotten those kids away, and they should also have instructed them not to wear any kind of partisan gear except for school stuff. But I, personally, have yet to see anyone in the media, whether on the left or right, bring that up. Yes, these kids WERE 17. But they still weren’t the ones in charge, and why the hell those that were didn’t step in still baffles me. It doesn’t seem like they joined in with the whole protest, but they just let it all happen. ---
**Author:** ![Skywatcher](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/skywatcher/32/254_2.png) [@Skywatcher](https://boards.straightdope.com/u/Skywatcher)\ **Post date:** [July 31, 2019, 6:15pm UTC](https://boards.straightdope.com/t/smirky-mcdouchebag-lawsuit-dismissed/837686/254 "2019-07-31T18:15:06Z")
> [@Guinastasia](#): > > Yes, these kids WERE 17. But they still weren’t the ones in charge, and why the hell those that were didn’t step in still baffles me. It doesn’t seem like they joined in with the whole protest, but they just let it all happen. Just like they let the overt racism at their sporting events happen. ---
**Author:** ![Airbeck](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/airbeck/32/6574_2.png) [@Airbeck](https://boards.straightdope.com/u/Airbeck)\ **Post date:** [July 31, 2019, 6:37pm UTC](https://boards.straightdope.com/t/smirky-mcdouchebag-lawsuit-dismissed/837686/255 "2019-07-31T18:37:05Z")
> [@Guinastasia](#): > > Which is why I think it’s the ADULTS who were supposed to be in charge should be the ones getting this treatment. The kids, not so much. The “treatment” started with people reacting on social media. The word “should” doesn’t really apply to social media because there is no way to control what people do with that platform. It just is what it is. So in this day and age, where everything can be recorded, everyone needs to be aware of how they might come across. Is it fair? Well is anything in life fair? ---
**Author:** ![CaptMurdock](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/captmurdock/32/11736_2.png) [@CaptMurdock](https://boards.straightdope.com/u/CaptMurdock)\ **Post date:** [July 31, 2019, 6:38pm UTC](https://boards.straightdope.com/t/smirky-mcdouchebag-lawsuit-dismissed/837686/256 "2019-07-31T18:38:29Z")
> [@Unreconstructed\_Man](#): > > What’s that line about cowards dying a thousand deaths? > [@](#): > > Originally quoted by **Bret Maverick** : > “As my Pappy used to say, ‘A coward dies a thousand deaths. A brave man, only one.’ Thousand-to-one’s a pretty good advantage.” 🆒 ---
**Author:** ![DirkHardly](https://avatars.discourse-cdn.com/v4/letter/d/6a8cbe/32.png) [@DirkHardly](https://boards.straightdope.com/u/DirkHardly)\ **Post date:** [August 1, 2019, 3:06pm UTC](https://boards.straightdope.com/t/smirky-mcdouchebag-lawsuit-dismissed/837686/257 "2019-08-01T15:06:50Z")
> [@Buck\_Godot](#): > > I prostrate myself before your supreme legal understanding of the law as demonstrated by your ability to fork over $190 to take the LSAT, but would humbly ask that with your new found mastery of all things legalistic, you would point to the statutes that would restrict the extent of the legal argument presented in the case to only accusations of sexism and racism. > > It would seem to my somewhat less logical mind (having only a PhD in statistics with an H-index of 59, so being thus a far inferior intellect to the high and mighty law student) that this basically would open up any “news” organization whose disparaging remarks about someone resulting in them being hounded by social media to a multi million dollar law suit. Given that riling up the masses against some random liberal is the bread and butter of right wing media, be careful where you throw them stones. Good for you. You have a PhD in statistics. I’m sure you know far more about statistics than I ever will. And if this discussion at all concerned statistics, that would be relevant. And you aren’t doing any claim you’re making of your logical abilities any favors with your post. Let me break it down for you: Your original post stated that if this law suit succeeded and set a “precident” (it’s precedent by the way, as in to precede) that it would pose a serious legal threat sufficient to shut down Fox News blah blah. Seems unlikely for several reasons. First of all, cases of defamation are very, very fact specific. If for no other reason than they deal with the infinite variety of what people can say or print, etc . So to the extent that any precedent was ever set it could be extremely narrow. In fact, the precedential value of defamation cases in general can be frequently less than other types of cases for just that reason. The more important the specific facts are the less likely another case will be sufficiently similar for precedent to apply. That’s logic. Second, I was referring to racism in terms of a theoretical legal victory by Smirky where it is assumed the defendant was found liable on same basis for false and defamatory accusations that the plaintiff was a racist or acted in a racist manner. If you envision a Smirky victory and precedent based on something else feel free. There’s essentially an infinite amount of fact patterns and the same for your future hypothetical Fox News case. It’s almost like the details are important and you attempt to not only posit two different hypothetical cases without providing any of those really important details but then try and draw some tenuous connection via precedent that can’t possibly be made in any meaningful logical sense, let alone a legal one. Exactly because of that lack of details. Third, regardless of whatever bullshit Fox News traffics in, it’s generally not accusations of racism, whether founded or unfounded. That’s just not their primary schtick. Wouldn’t you actually agree that such accusations, once again whether founded or unfounded, appear more often on the left? And statistically speaking wouldn’t that mean that Fox News would be less likely to be sued for defamatory and false claims of racism than more left leaning defendants since they make less of those statements and all else being equal? Wouldn’t that be logically yet another reason a precedent set by a Smirky victory would be less likely to apply? That was my original point about Fox News and this case. That not only are defamation precedents set by a Smirky victory not likely to apply in general due to the nature of defamation but specifically because Fox News doesn’t make the same kind of accusations as a matter of course. See how I took facts and applied an actual legal analysis? You know unlike you or most other people in the thread? Also, I never said that such claims would ever be limited to sexism and racism. At all. Not logically implied in any way. The issue was a part of the case in question and it’s even more important because it’s in that grey area between fact and opinion in defamation cases. And I lumped in sexism because legally speaking they often present similar issues. I already outlined why I don’t think Fox News would need to be concerned about a Smirky precedent based on defamatory and false claims of racism and that was the only hypothetical I was positing. Like I said, if you have another hypothetical complete with a real legal fact patterns have at it. But connecting two cases by precedent, a vague and undefined precedent by the way, just because they both involve defamation and making predictions on the resultant legal impact is bad logic and bad legal analysis. Just like talking out your ass about highly technical and complex subjects that you lack sufficient expertise in to reasonably do so is bad logic. You’re really not coming off well here. Lastly, the whole “riling the masses” and vicarious liability issues are likely moot if you can’t successfully argue defamation in the first place. Maybe not but either way I’m not going to bother at this point. Also, I believe I could show you statistics that show the average cost to take the bar is much higher than $190 and I got my JD 15 years ago so l haven’t been a student in a long time. So all your feeble attempts at logic and legal analysis have done is provided evidence that strong reading comprehension and logical reasoning skills are not necessarily positively correlated with people that have a PhD in statistics (or claim to, I’ll give you the benefit of the doubt. It doesn’t matter. I know far too many PhDs and JDs for a degree to impress me in and of itself). And that you personally are a data point in the set of “people who talk out their ass about subjects they are ignorant about.” Good job. It is a large set and you have plenty of company, here and in the world at large. So there’s that. ---
**Author:** ![Buck\_Godot](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/buck_godot/32/6573_2.png) [@Buck\_Godot](https://boards.straightdope.com/u/Buck_Godot)\ **Post date:** [August 1, 2019, 4:41pm UTC](https://boards.straightdope.com/t/smirky-mcdouchebag-lawsuit-dismissed/837686/258 "2019-08-01T16:41:54Z")
> [@DirkHardly](#): > > Also, I never said that such claims would ever be limited to sexism and racism. At all. Not logically implied in any way. When pointed out that Fox News also engages in similar behavior your response was that Fox didn’t make accusations of sexism and racism, and so wouldn’t be affected, that certainly implies that if an entity didn’t engage in sexism and racism they would have nothing to worry about. If you wanted to imply otherwise you should have said that Fox didn’t engage in defamatory false claims. You would be wrong, but at least you would be logical. > [@DirkHardly](#): > > I got my JD 15 years ago so l haven’t been a student in a long time. I stand corrected. So you’ve been a lawyer for 15 years, and yet you use your having taken the LSAT as proof of your legal cred? It really must have been all down hill from there. > [@DirkHardly](#): > > I know far too many PhDs and JDs for a degree to impress me in and of itself). And that you personally are a data point in the set of “people who talk out their ass about subjects they are ignorant about.” Good job. It is a large set and you have plenty of company, here and in the world at large. So there’s that. I agree as would most of the members of this board, and your postings so far confirm it. Which is why most people here don’t try to lord their credentials as proof of their superiority. I wouldn’t have either except you went on spouting how your LSAT score made your powers of logic superior to all us peons, and so I decided to emphasize the fallacious asininity of such statements. ---
**Author:** ![Inigo\_Montoya](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/inigo_montoya/32/124_2.png) [@Inigo\_Montoya](https://boards.straightdope.com/u/Inigo_Montoya)\ **Post date:** [August 1, 2019, 8:15pm UTC](https://boards.straightdope.com/t/smirky-mcdouchebag-lawsuit-dismissed/837686/259 "2019-08-01T20:15:20Z")
> [@Darren\_Garrison](#): > > So how should the typical teenager react to a random stranger pushing up into their face while chanting and banging a drum? Same way you’d react to anyone expressing passive aggression. Walk away and get on with your life? That’s not cowardice, that’s maturity and not getting sucked into someone else’s games. ---
**Author:** ![Guinastasia](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/guinastasia/32/5751_2.png) [@Guinastasia](https://boards.straightdope.com/u/Guinastasia)\ **Post date:** [August 2, 2019, 11:42pm UTC](https://boards.straightdope.com/t/smirky-mcdouchebag-lawsuit-dismissed/837686/260 "2019-08-02T23:42:18Z")
Sadly, most teenagers aren’t that mature. I’m not excusing them, mind you. But that’s just a fact. > [@Skywatcher](#): > > Just like they let the overt racism at their sporting events happen. I don’t know if you’re being sarcastic or not. But I do indeed hope that was addressed by the school. If not, they’re seriously failing at their duty. (Was that kid part of the group at the March?) ---
**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:** [August 3, 2019, 11:15am UTC](https://boards.straightdope.com/t/smirky-mcdouchebag-lawsuit-dismissed/837686/261 "2019-08-03T11:15:23Z")
> [@Unreconstructed\_Man](#): > > Nah, he just taught me not to be a gutless, cowering pussy. If only your dad had taught you the same, maybe you wouldn’t have been bullied in school by a kid who looked a bit like Nick Sandmann. > > I mean, that _is_ what all this is really about, isn’t it. I agree with others who counsel a different approach. I was “carfree” for several years and often had car drivers pull dangerous shit when I was on my bike. My first impulse of the moment, seeing red, was often to flip them off before immediately regretting it. This was in rural Missouri, and there were two different occasions when this led to a double barrel being quickly pulled down from the redneck’s gun rack and my life flashing before my eyes. It’s not worth it. Sam Harris talks effectively about how testosterone-fueled hairless apes can be so dangerous when they feel their manhood is challenged. In particular, they can take offense even to someone inadvertently making eye contact with them. He described what he says when this happens. and I’m sure you would think it makes him a “pussy”; but I believe it is extremely sage advice. When a bristling macho guy, spoiling for a fight, challenges him with “What are you fucking looking at?” he responds “Oh, sorry man: I was just kinda zoning out and staring off into space. It’s been a long day.” Confrontation defused, and what has he lost? If your self-image is tied up in maintaining a strong and unwavering exterior of someone who doesn’t back down, that’s a pretty sad existence if you ask me. [Previous page](https://boards.straightdope.com/t/smirky-mcdouchebag-lawsuit-dismissed/837686.md?page=12) [Next page](https://boards.straightdope.com/t/smirky-mcdouchebag-lawsuit-dismissed/837686.md?page=14)