# Smirky McDouchebag lawsuit dismissed

**URL:** <https://boards.straightdope.com/t/smirky-mcdouchebag-lawsuit-dismissed/837686>\
**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:** 15

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**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:** [August 7, 2019, 3:19pm UTC](https://boards.straightdope.com/t/smirky-mcdouchebag-lawsuit-dismissed/837686/282 "2019-08-07T15:19:23Z")

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> [@Lance\_Turbo](#):
>
> If anyone is ever looking for an example of projection, posting this…
> 
> Then a week later posting this…
> 
> Is like the Poe’s law of projection. Like this has to be a parody right? No one really has this completely clueless lack of self-awareness do they?

And you’ve been on the SDMB since 1999? Heavens to Murgatroyd…

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**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 7, 2019, 3:30pm UTC](https://boards.straightdope.com/t/smirky-mcdouchebag-lawsuit-dismissed/837686/283 "2019-08-07T15:30:42Z")

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LOL, good point.

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**Author:** ![DirkHardly](https://avatars.discourse-cdn.com/v4/letter/d/6a8cbe/32.png) [@DirkHardly](https://boards.straightdope.com/u/DirkHardly)\
**Post date:** [August 7, 2019, 6:22pm UTC](https://boards.straightdope.com/t/smirky-mcdouchebag-lawsuit-dismissed/837686/284 "2019-08-07T18:22:47Z")

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> [@jz78817](#):
>
> I’ll note the irony of this being said by someone who seems to need to gloat about how smart he thinks he is.

I never gloated about how smart I was. I just actually know what I’m talking about. I know that’s a foreign concept to a lot of people here but that’s really how it’s supposed to work. That’s how all this started, with people talking out of their ass about things they know nothing about. You know, like stupid people do. Like you seem to be doing.

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**Author:** ![DirkHardly](https://avatars.discourse-cdn.com/v4/letter/d/6a8cbe/32.png) [@DirkHardly](https://boards.straightdope.com/u/DirkHardly)\
**Post date:** [August 7, 2019, 6:33pm UTC](https://boards.straightdope.com/t/smirky-mcdouchebag-lawsuit-dismissed/837686/285 "2019-08-07T18:33:35Z")

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> [@Lance\_Turbo](#):
>
> If anyone is ever looking for an example of projection, posting this…
> 
> Then a week later posting this…
> 
> Is like the Poe’s law of projection. Like this has to be a parody right? No one really has this completely clueless lack of self-awareness do they?

Still a moron with nothing else huh? You never seem to quite get to actual evidence that anything I’ve said is wrong (it’s not) or admit how you were completely wrong (you were). Instead like the moron you are you throw around terms like “projection” without realizing the irony. We are discussing a legal case you fucking moron. I have the relevant degree and experience. You do not. That’s the key fucking difference you seem to keep ignoring. I have no need to “project” anything, my degree is real, my knowledge is real. You on the other hand have neither but still insist you’re right and I’m wrong without even coming close to citing a single logical reason why. Guess what they call that? Go on, guess

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**Author:** ![Procrustus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/procrustus/32/2994_2.png) [@Procrustus](https://boards.straightdope.com/u/Procrustus)\
**Post date:** [August 7, 2019, 6:34pm UTC](https://boards.straightdope.com/t/smirky-mcdouchebag-lawsuit-dismissed/837686/286 "2019-08-07T18:34:09Z")

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> [@DirkHardly](#):
>
> Given all that, is anyone arguing that a Smirky victory for defamatory accusations of taunting and physical assault would create a meaningful precedent in general and one that would likely apply to future suits against Fox News in particular?

Yes. From the link in the OP:

> [@](#):
>
> Nick and his attorneys had alleged that the gist of The Washington Post’s first article conveyed that Nick had assaulted or physically intimidated Nathan Phillips and engaged in racist conduct.
> 
> Bertelsman ruled such claims were “not supported by the plain language in the article, which states none of these things.”

So, yes, Fox could be in a world of hurt if someone was allowed to proceed to trial on defamation claims that were based on allegations that had no basis in reality.

The court has ruled that before you can sue “for defamatory accusations of taunting and physical assault” there have to actually be accusations of taunting and physical assault. A different ruling would hurt all media. Is anyone arguing otherwise?

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**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:** [August 7, 2019, 6:35pm UTC](https://boards.straightdope.com/t/smirky-mcdouchebag-lawsuit-dismissed/837686/287 "2019-08-07T18:35:37Z")

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> [@DirkHardly](#):
>
> That’s how all this started, with people talking out of their ass about things they know nothing about.

You are right. That’s how this all started. The first sentence of your first post in this thread was…

> [@DirkHardly](#):
>
> I strongly suspect your reverance for free speech and the 1st Amendment depends almost entirely on whose ox is being gored.

So, right out of the gate talking out of your ass about things you know nothing about.

Projection. It’s not just a river in Egypt.

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**Author:** ![SteveG1](https://avatars.discourse-cdn.com/v4/letter/s/bb73d2/32.png) [@SteveG1](https://boards.straightdope.com/u/SteveG1)\
**Post date:** [August 7, 2019, 8:24pm UTC](https://boards.straightdope.com/t/smirky-mcdouchebag-lawsuit-dismissed/837686/288 "2019-08-07T20:24:16Z")

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> [@Atamasama](#):
>
> So you’re not delusional.  
> I get that. He lacks survival instincts for sure. And with parents who are going to sue anyone who says something bad about him, he’s has no incentive to develop any. Someday he’s going to play privileged activist to the wrong person and end up without any teeth.

I’d pay good money to watch.

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**Author:** ![SteveG1](https://avatars.discourse-cdn.com/v4/letter/s/bb73d2/32.png) [@SteveG1](https://boards.straightdope.com/u/SteveG1)\
**Post date:** [August 7, 2019, 8:27pm UTC](https://boards.straightdope.com/t/smirky-mcdouchebag-lawsuit-dismissed/837686/289 "2019-08-07T20:27:11Z")

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> [@Robot\_Arm](#):
>
> His family filed a $250 million lawsuit against a newspaper for reporting the facts and you think the left overreacted?

It’s ALWAYS the Left’s fault. Even when it isn’t.

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**Author:** ![SteveG1](https://avatars.discourse-cdn.com/v4/letter/s/bb73d2/32.png) [@SteveG1](https://boards.straightdope.com/u/SteveG1)\
**Post date:** [August 7, 2019, 8:46pm UTC](https://boards.straightdope.com/t/smirky-mcdouchebag-lawsuit-dismissed/837686/290 "2019-08-07T20:46:09Z")

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> [@Snowboarder\_Bo](#):
>
> Is there ever going to be a time when the right doesn’t use identity politics as a shield for their own inadequacies and transgressions?

Don’t hold your breath.

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**Author:** ![SteveG1](https://avatars.discourse-cdn.com/v4/letter/s/bb73d2/32.png) [@SteveG1](https://boards.straightdope.com/u/SteveG1)\
**Post date:** [August 7, 2019, 8:52pm UTC](https://boards.straightdope.com/t/smirky-mcdouchebag-lawsuit-dismissed/837686/291 "2019-08-07T20:52:11Z")

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> [@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 any random bully to just walk all over you. Seriously, that’s no kind of life.

Ya know, there IS a thing called “picking your fights”.

Some things are worth it, and some are just fucking stupid.

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**Author:** ![Projammer](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/projammer/32/559_2.png) [@Projammer](https://boards.straightdope.com/u/Projammer)\
**Post date:** [October 29, 2019, 2:59pm UTC](https://boards.straightdope.com/t/smirky-mcdouchebag-lawsuit-dismissed/837686/292 "2019-10-29T14:59:30Z")

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[Judge Reverses Course On Covington Catholic Student Nick Sandmann’s Lawsuit Against The Washington Post](https://www.dailywire.com/news/breaking-judge-reverses-course-on-covington-catholic-student-nick-sandmanns-lawsuit-against-the-washington-post)

> [@](#):
>
> The lawsuit is allowed to proceed but has been limited in scope after the judge said that 30 out of the 33 statements that Sandmann’s lawyers argued were libelous were not actually libelous.
> 
> …
> 
> “The Court will adhere to its previous rulings as they pertain to these statements except Statements 10, 11, and 33, to the extent that these three statements state that plaintiff ‘blocked’ Nathan Phillips and ‘would not allow him to retreat,'”

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**Author:** ![SteveG1](https://avatars.discourse-cdn.com/v4/letter/s/bb73d2/32.png) [@SteveG1](https://boards.straightdope.com/u/SteveG1)\
**Post date:** [October 29, 2019, 3:02pm UTC](https://boards.straightdope.com/t/smirky-mcdouchebag-lawsuit-dismissed/837686/293 "2019-10-29T15:02:37Z")

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> [@Skywatcher](#):
>
> Sandmann told to pound sand, man.

Good!!!

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**Author:** ![SteveG1](https://avatars.discourse-cdn.com/v4/letter/s/bb73d2/32.png) [@SteveG1](https://boards.straightdope.com/u/SteveG1)\
**Post date:** [October 29, 2019, 3:04pm UTC](https://boards.straightdope.com/t/smirky-mcdouchebag-lawsuit-dismissed/837686/294 "2019-10-29T15:04:37Z")

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> [@Chimera](#):
>
> If a 17 year old smirking kid wearing a ‘fuck racism’ hat got in the face of, say, the Proud Boys, or Open Carry fanatics, he’d have been beaten down.
> 
> Then people like UM, their shitbag president and politicians and their media would simply go “Well of course, what did he expect would happen? Nothing to see here!” and move on. Maybe use it as a springboard to attack the left for the behavior.
> 
> NOWHERE would they denounce the behavior and “overreaction” of the people who did the violence. No, they’d be laughing, making cartoons glorifying it and calling for more of the same.
> 
> Yet when a kid on their side does this sort of thing and simply gets called out for his idiotic behavior, they whine and cry like the little pussies they are about how mean everyone is being to the kid.
> 
> Hypocrisy, thy name is Republican.

Exactly.

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**Author:** ![SteveG1](https://avatars.discourse-cdn.com/v4/letter/s/bb73d2/32.png) [@SteveG1](https://boards.straightdope.com/u/SteveG1)\
**Post date:** [October 29, 2019, 3:16pm UTC](https://boards.straightdope.com/t/smirky-mcdouchebag-lawsuit-dismissed/837686/295 "2019-10-29T15:16:31Z")

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> [@Projammer](#):
>
> [Judge Reverses Course On Covington Catholic Student Nick Sandmann’s Lawsuit Against The Washington Post](https://www.dailywire.com/news/breaking-judge-reverses-course-on-covington-catholic-student-nick-sandmanns-lawsuit-against-the-washington-post)

Well shit. It was bullshit the FIRST time around. When the little fucker loses, he and his mommy should be forced to bear ALL the court costs and ALL the lawyer bills (for BOTH sides).

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**Author:** ![E-DUB](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/e-dub/32/403_2.png) [@E-DUB](https://boards.straightdope.com/u/E-DUB)\
**Post date:** [October 29, 2019, 4:41pm UTC](https://boards.straightdope.com/t/smirky-mcdouchebag-lawsuit-dismissed/837686/296 "2019-10-29T16:41:38Z")

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> [@Lance\_Turbo](#):
>
> He stared down Phillips with these guys behind him.
> 
> So brave.
> 
> [Link](https://www.thedailybeast.com/the-history-of-the-covington-maga-teens-racist-tomahawk-chop)

I see what you did there. BTW, I knew what was being discussed here just from the name of the thread. IE: “Smirkey McDouchebag”=Sandman.

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**Author:** ![Atamasama](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/atamasama/32/12961_2.png) [@Atamasama](https://boards.straightdope.com/u/Atamasama)\
**Post date:** [October 29, 2019, 5:27pm UTC](https://boards.straightdope.com/t/smirky-mcdouchebag-lawsuit-dismissed/837686/297 "2019-10-29T17:27:19Z")

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> [@SteveG1](#):
>
> Well shit. It was bullshit the FIRST time around. When the little fucker loses, he and his mommy should be forced to bear ALL the court costs and ALL the lawyer bills (for BOTH sides).

That’s a common request for tort reform in the US, to make the loser liable to pay the other side’s legal fees. That is especially called for when discussing frivolous lawsuits.

The reason why it isn’t done is that it makes corporations and other large organizations even more powerful. It’s great legislation if you enjoy the idea of a total corporate takeover of society. People will really be intimidated not to go up against big business if they know they are liable for so much if they lose.

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**Author:** ![SteveG1](https://avatars.discourse-cdn.com/v4/letter/s/bb73d2/32.png) [@SteveG1](https://boards.straightdope.com/u/SteveG1)\
**Post date:** [October 29, 2019, 5:44pm UTC](https://boards.straightdope.com/t/smirky-mcdouchebag-lawsuit-dismissed/837686/298 "2019-10-29T17:44:11Z")

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> [@Atamasama](#):
>
> That’s a common request for tort reform in the US, to make the loser liable to pay the other side’s legal fees. That is especially called for when discussing frivolous lawsuits.
> 
> The reason why it isn’t done is that it makes corporations and other large organizations even more powerful. It’s great legislation if you enjoy the idea of a total corporate takeover of society. People will really be intimidated not to go up against big business if they know they are liable for so much if they lose.

Yes, and yet we NEED some way to stop frivolous “spite work” lawsuits.

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**Author:** ![Kobal2](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kobal2/32/20_2.png) [@Kobal2](https://boards.straightdope.com/u/Kobal2)\
**Post date:** [October 29, 2019, 6:39pm UTC](https://boards.straightdope.com/t/smirky-mcdouchebag-lawsuit-dismissed/837686/299 "2019-10-29T18:39:47Z")

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> [@SteveG1](#):
>
> Yes, and yet we NEED some way to stop frivolous “spite work” lawsuits.

Dim lightbulb moment : couldn’t a percentage-of-total-wealth penalty system work, possibly coupled with an incremental percentage by median income similar to progressive taxation ? That way the poor actually get to launch effective cases against the powerful, while the powerful are discouraged from threatening extortionate suits against “little people” ? And at the same time also possibly discouraging the “lawsuits factored in as cost of doing business” models of various toxic corporate practices ?

(I preempitvely decline responsibility for that post if it turns out to be completely stupid, on account of I’m pretty drunk)

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**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:** [October 29, 2019, 7:04pm UTC](https://boards.straightdope.com/t/smirky-mcdouchebag-lawsuit-dismissed/837686/300 "2019-10-29T19:04:17Z")

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> [@Projammer](#):
>
> [Judge Reverses Course On Covington Catholic Student Nick Sandmann’s Lawsuit Against The Washington Post](https://www.dailywire.com/news/breaking-judge-reverses-course-on-covington-catholic-student-nick-sandmanns-lawsuit-against-the-washington-post)

Congratulations. You have registered your support for white supremacy. Someone give this worthless piece of shit a participation trophy.

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**Author:** ![D\_Odds](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/d_odds/32/2882_2.png) [@D\_Odds](https://boards.straightdope.com/u/D_Odds)\
**Post date:** [October 29, 2019, 8:00pm UTC](https://boards.straightdope.com/t/smirky-mcdouchebag-lawsuit-dismissed/837686/301 "2019-10-29T20:00:45Z")

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> [@Lance\_Turbo](#):
>
> Congratulations. You have registered your support for white supremacy. Someone give this worthless piece of shit a participation trophy.

In your world, simply updating a thread with current events is supporting white supremacy. I don’t know **Projammer** from a hole-in-the-wall, but his only post in this thread was to provide, without comment, updated information on the thread’s subject.

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