# 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:** 8

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**Author:** ![anomalous1](https://avatars.discourse-cdn.com/v4/letter/a/e56c9b/32.png) [@anomalous1](https://boards.straightdope.com/u/anomalous1)\
**Post date:** [July 29, 2019, 8:33am UTC](https://boards.straightdope.com/t/smirky-mcdouchebag-lawsuit-dismissed/837686/141 "2019-07-29T08:33:07Z")

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> [@Kimstu](#):
>
> If you’re talking about the 2012 NATO Summit in Chicago, it’s kind of telling that you had to go back seven years for your example. (Your example also describes the antifa instigators as throwing rocks at armed police rather than unarmed protestors. While I completely condemn and abhor anybody’s deliberately starting fights even with armed police, what they did was obviously a good deal less brutal than deliberately beating up/stabbing/shooting/driving cars into unarmed demonstrators.)  
> Again, as with **octopus** ’s remark about “excelling”, this attempt to spin criminal violence as a form of “victory” is more disgusting than persuasive. **The fact that criminally violent right-wingers are more aggressive, more brutal, more murderous and far more numerous than criminally violent left-wingers does not make them “better”**. This is not an attempt to spin anything or make it acceptable, just an explanation. I thought I clarified this for the third time now.
> 
> The vast majority of right-wing political violence isn’t taking place in the context of anything like a consensual “fair fight” with antifa throwing the first punch. Rather, it’s right-wing extremists attacking people who pose no physical threat to them. That’s not “victory” or being “bigger, better and faster”: that’s terrorism, plain and simple.  
> Well of course you are, because that comparatively very small part of right-wing political violence is the only part that you have even the tiniest chance of successfully blaming, even in part, on somebody else.  
> It’s inspired by the right-wing hateful extremism that glorifies Trump, and is stoked by Trump’s fearmongering and deceptive rhetoric of resentment. There is no meaningful way to look at modern right-wing hate isolated from Trump and Trumpism.

It’s kind of telling I am not one to visit a protest willingly. It’s a waste of time and accomplishes very little. Although the attempt is a good thing. I just saw what I saw. If other videos are to be believed, it happens more often than not. Yes there are cases of ANTIFA beating up other demonstrators as well. The other cases you mention outside of protests (save for the nut in the challenger) are acts of terrorism. I am not speaking of acts of terrorism, that’s fucked up. Rally/Protest violence.

Would you stop thinking It’s a pissing contest. I said the comment in jest (about how antifa types would lose and its mildly funny when you look at what they are made of) but taking it farther I was just illustrating the reality of those situations.

They will lose. I can’t believe I have to say it yet again, its not something to be proud of or some kind of honor. It’s just the way it would go.

I wasn’t speaking of terrorist acts, keep it in context.

The last part does just make me laugh. No. People absolutely have their own volition and control. Trump does not cause this shit to happen or enable it. People interpreting things the wrong way and somehow justifying their actions allows thats to happen. People think for themselves (outside of this board, anyways).

Trump is not advocating that violence. His rhetoric has nothing to do with the actions of nutbag people doing what they do. I have not heard him tell anyone to shoot up a synagogue or drive a Dodge Challenger into a crowd of people or anything remotely close to that.

This allusion to Trump being a Hitler incarnate really needs to stop. This Presidency is not even remotely close to being slightly close to precursory or trending in a direction like that and it never will. That is you interpreting it your own way.

Sidenote (Not directed at you, Kimstu)

After this Presidency. The words “Bigot”, “Racist”, “Hitler” and “Nazi” are really going to be meaningless the way people throw it around like they are placing a food order. It’s more than just irritating and childish. It is insulting to those alive and dead who actually suffered under conditions normally associated with those terms. It’s a pathetic attempt at denouncing and defaming those that one disagrees with and is completely illogical.

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**Author:** ![Eonwe](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/eonwe/32/240_2.png) [@Eonwe](https://boards.straightdope.com/u/Eonwe)\
**Post date:** [July 29, 2019, 11:13am UTC](https://boards.straightdope.com/t/smirky-mcdouchebag-lawsuit-dismissed/837686/142 "2019-07-29T11:13:57Z")

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> [@anomalous1](#):
>
> After this Presidency. The words “Bigot”, “Racist”, “Hitler” and “Nazi” are really going to be meaningless the way people throw it around like they are placing a food order. It’s more than just irritating and childish. It is insulting to those alive and dead who actually suffered under conditions normally associated with those terms. It’s a pathetic attempt at denouncing and defaming those that one disagrees with and is completely illogical.

Under this administration and only this administration have I ever known my place of worship to have been vandalized with Nazi symbols. Under this administration and only this administration have I known people who have lost loved ones to domestic terrorism, the perpetrators of which professing allegiance to the president of the US. Under this administration and only this administration have I seen an American president preside over events in which his supporters chant back at him his own words, “send her back,” referring to American citizens who don’t have the right shade of skin.

Fuck you and your accusations of hyperbole. This is happening now, in a unique and remarkable way. And you can sit there with a straight face and claim that people who suffered “under conditions normally associated with” racism and bigotry are _insulted_ by “illogical” denunciations of fucking racist and Nazi-esque actions? You are the insult.

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**Author:** ![Hamlet](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/hamlet/32/2818_2.png) [@Hamlet](https://boards.straightdope.com/u/Hamlet)\
**Post date:** [July 29, 2019, 12:54pm UTC](https://boards.straightdope.com/t/smirky-mcdouchebag-lawsuit-dismissed/837686/143 "2019-07-29T12:54:54Z")

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> [@octopus](#):
>
> What political gain is there to be had with an audience of 14 or so people?  
> Votes are going to change because I tsk tsk the bullying of teens? Votes are going to change because I advocate a point of view that the political violence that some on this board support is counterproductive? :dubious:
> 
> The hive’s tactic of misrepresentation and lying is well established but try honesty for a few seconds and explain the political gain that I supposedly seek and show where I have advocated violence for political speech. You can’t.

I didnt say that. I said you blamed liberals (political gain) for murders and violent actions by the right wing (political gain). I also said you were dumb and vile, which likewise, were accurate.

> [@octopus](#):
>
> Nor do you folks condemn the nuts that post here in support of political violence. Nasty people.

I have repeatedly in the past, and will again, condemn all acts of political violence and all those who support said acts. As have most of the other posters here. What I wont do is try to blame liberals more than the actual perpetrators of murder and violence, because that’s just dumb and vile.

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**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 29, 2019, 1:20pm UTC](https://boards.straightdope.com/t/smirky-mcdouchebag-lawsuit-dismissed/837686/144 "2019-07-29T13:20:32Z")

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[DNFTTs](https://busybeingjennifer.com/wp-content/uploads/2013/04/Dont-Feed-the-Trolls.jpg)

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**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 29, 2019, 1:38pm UTC](https://boards.straightdope.com/t/smirky-mcdouchebag-lawsuit-dismissed/837686/145 "2019-07-29T13:38:46Z")

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On second thought, [this](https://bc.ctvnews.ca/polopoly_fs/1.3423543!/httpImage/image.jpg_gen/derivatives/landscape_620/image.jpg) is more appropriate.

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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:** [July 29, 2019, 2:59pm UTC](https://boards.straightdope.com/t/smirky-mcdouchebag-lawsuit-dismissed/837686/146 "2019-07-29T14:59:27Z")

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This kid was made the centerpiece of a poorly conceived attack on the first amendment. A lot of people bought into that dumbass anti-first amendment pile of bullshit. Fortunately, the judge in this case did not fall for it.

You can be on the pro-first amendment side or the pro-douchebag side of this. Those on the pro-douchebag side are trying to dress up their anti-first amendment arguments as opposition to left wing calls for violence or combatting the mythical threat of antifa.

You aren’t fooling anyone. You picked a side. Go fuck yourself.

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**Author:** ![Sailboat](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/sailboat/32/461_2.png) [@Sailboat](https://boards.straightdope.com/u/Sailboat)\
**Post date:** [July 29, 2019, 4:57pm UTC](https://boards.straightdope.com/t/smirky-mcdouchebag-lawsuit-dismissed/837686/147 "2019-07-29T16:57:51Z")

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> [@Unreconstructed\_Man](#):
>
> Bullshit, and, frankly, an insult to people persecuted by the Klan.

Eh. I’m of European descent, so I can’t fully speak for people persecuted by the Klan. I will note however that I’ve spoken WITH a lot of such people since the right-wing terrorist attack in Charlottesville (I hate that i have to be specific), and they uniformly recognize the MAGA slogan as a threat leveled at them by their oppressors.

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**Author:** ![Miller](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/miller/32/481_2.png) [@Miller](https://boards.straightdope.com/u/Miller)\
**Post date:** [July 29, 2019, 8:26pm UTC](https://boards.straightdope.com/t/smirky-mcdouchebag-lawsuit-dismissed/837686/148 "2019-07-29T20:26:43Z")

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> [@Chimera](#):
>
> I still think you should be banned, or at very least, warned for this behavior.

[Moderating]  
Well, he won’t be, because his post isn’t even close to breaking any board rules.

You, however, are getting pretty close to junior modding, so I’d recommend backing off on the claims about what is or is not against the board rules, and what will happen to posters for not following your instructions.  
[/Moderating]

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<div class="post-metadata">

**Author:** ![Chimera](https://avatars.discourse-cdn.com/v4/letter/c/8e8cbc/32.png) [@Chimera](https://boards.straightdope.com/u/Chimera)\
**Post date:** [July 29, 2019, 8:56pm UTC](https://boards.straightdope.com/t/smirky-mcdouchebag-lawsuit-dismissed/837686/149 "2019-07-29T20:56:56Z")

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Gotcha, Miller.

“Eight billion bullets” for liberals = violating board rules.

Repeatedly claiming “It won’t go well for you”, “the right will win” and similar ‘threats’ while claiming that you don’t really support it, you’re just being a “realist” = perfectly acceptable non-threatening behavior that doesn’t violate any rules.

Yeah, sure, ok. Maybe I was right to walk away from this board the last time.

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<div class="post-metadata">

**Author:** ![Miller](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/miller/32/481_2.png) [@Miller](https://boards.straightdope.com/u/Miller)\
**Post date:** [July 29, 2019, 9:56pm UTC](https://boards.straightdope.com/t/smirky-mcdouchebag-lawsuit-dismissed/837686/150 "2019-07-29T21:56:49Z")

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[Moderating]  
Issues with board moderation belong in ATMB, not the Pit.  
[/Moderating]

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<div class="post-metadata">

**Author:** ![Steve\_MB](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/steve_mb/32/5339_2.png) [@Steve\_MB](https://boards.straightdope.com/u/Steve_MB)\
**Post date:** [July 30, 2019, 12:28am UTC](https://boards.straightdope.com/t/smirky-mcdouchebag-lawsuit-dismissed/837686/151 "2019-07-30T00:28:37Z")

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> [@anomalous1](#):
>
> Antifa is absolutely real. I had seen this group

I trust that you saw them in time to evade abduction and anal probing.

> [@](#):
>
> friend of a friend of course

…nah, too easy.

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**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 30, 2019, 2:18am UTC](https://boards.straightdope.com/t/smirky-mcdouchebag-lawsuit-dismissed/837686/152 "2019-07-30T02:18:18Z")

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Antifa are a bunch of petty thugs. I don’t think anyone’s defending them, but they hardly rise to the level of the KKK. More like the local street gang.

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**Author:** ![Ale](https://avatars.discourse-cdn.com/v4/letter/a/f19dbf/32.png) [@Ale](https://boards.straightdope.com/u/Ale)\
**Post date:** [July 30, 2019, 5:08am UTC](https://boards.straightdope.com/t/smirky-mcdouchebag-lawsuit-dismissed/837686/153 "2019-07-30T05:08:31Z")

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> [@Unreconstructed\_Man](#):
>
> So what? Really. What precisely has this _minor_ done that warrants a pitting??

This pitting is a miniscule part of the scorn directed at a kid by hate baiting media and on itself is an argument for a defamation lawsuit to show how the actions of the media led to hatred being directed at Sandman.

A couple days ago I saw this breakdown of the verdict and from that it seems to me that the ruling was completely flawed, specially because it was self contradictory:

[“On the one hand we have the judge saying it’s irrelevant that Sandman was in fact the object of scorn on social media, while on the other hand saying that it can’t possibly be defamatory because it (the media coverage) would not expose Sandman to public ridicule, hatred, contempt or scorn. These seem to be factually and legally mutually irreconcilable statements in one and the same judgement granting a motion to dismiss.”](https://www.youtube.com/watch?v=iSRVnvfD6Cc)

_“Without having heard any testimony, without any evidence having actually been adduced seems grossly premature”_

That is ironic because the reason that kid was made the centre of a scandal was that conclusions were drawn before the facts were established based on how the incident was chosen to be portrayed by hate baiting media to the public. In other words, he was judged by the “court of public opinion” before all the facts were known, and now his case was judged in an actual court without all the facts being heard again.

I hope they have better luck in an appeal.

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<div class="post-metadata">

**Author:** ![anomalous1](https://avatars.discourse-cdn.com/v4/letter/a/e56c9b/32.png) [@anomalous1](https://boards.straightdope.com/u/anomalous1)\
**Post date:** [July 30, 2019, 5:34am UTC](https://boards.straightdope.com/t/smirky-mcdouchebag-lawsuit-dismissed/837686/154 "2019-07-30T05:34:12Z")

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> [@Guinastasia](#):
>
> Antifa are a bunch of petty thugs. I don’t think anyone’s defending them, but they hardly rise to the level of the KKK. More like the local street gang.

I know this isn’t a reply to me but I am just commenting on it.

I absolutely agree, and though I was commenting more in the realm of the typical right wing protestor, this is also a good example. I wouldn’t have hazard saying the same thing, though. If I had said “they hardly rise to the level of the KKK” one or more persons would have probably thought I was being an advocate for the Klan or something.

Kinda annoyed at myself now that you pretty much nailed the whole argument in a whole sentence and I spent all that time pussyfooting and babbling.:smack:

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<div class="post-metadata">

**Author:** ![anomalous1](https://avatars.discourse-cdn.com/v4/letter/a/e56c9b/32.png) [@anomalous1](https://boards.straightdope.com/u/anomalous1)\
**Post date:** [July 30, 2019, 5:54am UTC](https://boards.straightdope.com/t/smirky-mcdouchebag-lawsuit-dismissed/837686/155 "2019-07-30T05:54:00Z")

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> [@Eonwe](#):
>
> Under this administration and only this administration have I ever known my place of worship to have been vandalized with Nazi symbols. Under this administration and only this administration have I known people who have lost loved ones to domestic terrorism, the perpetrators of which professing allegiance to the president of the US. Under this administration and only this administration have I seen an American president preside over events in which his supporters chant back at him his own words, “send her back,” referring to American citizens who don’t have the right shade of skin.
> 
> Fuck you and your accusations of hyperbole. This is happening now, in a unique and remarkable way. And you can sit there with a straight face and claim that people who suffered “under conditions normally associated with” racism and bigotry are _insulted_ by “illogical” denunciations of fucking racist and Nazi-esque actions? You are the insult.

Fair Enough. I see your point. I still stand by my own, but I will concede somewhat.

Disillusioned and disgusting and violent individuals that do these things are clinging to a political party. They are probably more likely to gravitate to the right wing which possesses a philosophy based more on utilitarianism or stoicism rather than the left wing which possesses a more epicurean attitude. They are finding a political party that makes very base sense to them, and using it as a vessel to promote their acts. In other words, Republican ideology isn’t conducive to violence but those drawn to violence may be more drawn to the Republican party (Less laws, gun ownership etc…) This does not make all right wingers who support the President bad people and I’d hazard that upwards of 90% absolutely do not support the vile acts that you mentioned, myself included.

Sorry if that was convoluted. It’s late and I’m running on fumes. Wish you nothing but the best, Eonwe.

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<div class="post-metadata">

**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 30, 2019, 12:49pm UTC](https://boards.straightdope.com/t/smirky-mcdouchebag-lawsuit-dismissed/837686/156 "2019-07-30T12:49:23Z")

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> [@Ale](#):
>
> I hope they have better luck in an appeal.

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.

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<div class="post-metadata">

**Author:** ![bobot](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bobot/32/21622_2.png) [@bobot](https://boards.straightdope.com/u/bobot)\
**Post date:** [July 30, 2019, 12:55pm UTC](https://boards.straightdope.com/t/smirky-mcdouchebag-lawsuit-dismissed/837686/157 "2019-07-30T12:55:09Z")

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Not even one Jeff Bezos runs? But, but… he don’t like Trump!

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<div class="post-metadata">

**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 30, 2019, 2:59pm UTC](https://boards.straightdope.com/t/smirky-mcdouchebag-lawsuit-dismissed/837686/158 "2019-07-30T14:59:59Z")

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> [@Ale](#):
>
> This pitting is a miniscule part of the scorn directed at a kid by hate baiting media and on itself is an argument for a defamation lawsuit to show how the actions of the media led to hatred being directed at Sandman.
> 
> A couple days ago I saw this breakdown of the verdict and from that it seems to me that the ruling was completely flawed, specially because it was self contradictory:
> 
> [“On the one hand we have the judge saying it’s irrelevant that Sandman was in fact the object of scorn on social media, while on the other hand saying that it can’t possibly be defamatory because it (the media coverage) would not expose Sandman to public ridicule, hatred, contempt or scorn. These seem to be factually and legally mutually irreconcilable statements in one and the same judgement granting a motion to dismiss.”](https://www.youtube.com/watch?v=iSRVnvfD6Cc)
> 
> _“Without having heard any testimony, without any evidence having actually been adduced seems grossly premature”_
> 
> That is ironic because the reason that kid was made the centre of a scandal was that conclusions were drawn before the facts were established based on how the incident was chosen to be portrayed by hate baiting media to the public. In other words, he was judged by the “court of public opinion” before all the facts were known, and now his case was judged in an actual court without all the facts being heard again.
> 
> I hope they have better luck in an appeal.

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.

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<div class="post-metadata">

**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 30, 2019, 4:10pm UTC](https://boards.straightdope.com/t/smirky-mcdouchebag-lawsuit-dismissed/837686/159 "2019-07-30T16:10:07Z")

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> [@Darren\_Garrison](#):
>
> Not a “close encounter with a Native American”–a random adult getting up in a teen’s face while chanting and banging a drum. The expression everybody is trying to call “smug” could just as easily be perplexed nervousness.

Cosigned. This kid may well be a complete douchebag, but the video is not evidence in favor of that.

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<div class="post-metadata">

**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:** [July 30, 2019, 4:11pm UTC](https://boards.straightdope.com/t/smirky-mcdouchebag-lawsuit-dismissed/837686/160 "2019-07-30T16:11:32Z")

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> [@SlackerInc](#):
>
> Cosigned. This kid may well be a complete douchebag, but the video is not evidence in favor of that.

I haven’t seen the video in a long time, but wasn’t he wearing the douchebag hat?

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