Suing Over Being Called A Douchebag Might Just Get More People To Think You're A Douchebag

from the just-saying... dept

Fri, Nov 21st 2008 4:56am — Mike Masnick

There's a somewhat popular (and quite amusing) blog called Hot Chicks with Douchebags. It is... well, pretty much what you'd expect (and might not be a link you want to click-through while at work) -- a bunch of photos of attractive women in the company of guys who, well, you can figure it out. Anyway, I had no idea that they had come out with a book recently, but apparently some of the folks included in the book are none too happy about it. Three of the alleged "hot chicks" in the book have sued the book's author and publisher, and now one of the alleged "douchebags" has also sued, claiming libel. Of course, once again, it seems like this is the sort of thing where suing only puts a lot more attention on the fact that some folks consider the guy to be a douchebag in the first place. Besides, considering that douchebag, in this context, is pretty clearly a statement of opinion rather than fact (no one actually thinks he's literally a bag for douches), it's difficult to see where the libel is. In fact, I'd say that suing over being included in a book like this seems, well... ah, well, you can figure it out.

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Filed Under: douchebags, hot chicks, libel, streisand effect

36 Comments

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Peavey, 21 Nov 2008 @ 5:10am

Libelous, really?
I'm a big fan of Penn & Teller's Bullshit (TV Program) and according to them on one of their earliest episodes, you can technically call anyone whatever you want if it isn't defamation.

Anyone feel free to correct me if I'm wrong or bring more light to the subject. It's very good info to know.
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Killercool (profile), 21 Nov 2008 @ 5:12am

Oh, man...
I never thought I'd say this in a million years (it sounds so horribly idiotic), but... I lolled. I'd never heard of this site before, but it kinda tickled my funnybone.
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BaekeySucks, 21 Nov 2008 @ 5:20am

Jason Baekey is a douchebag!!!
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Vendetta, 21 Nov 2008 @ 5:49am

For anyone to sue in this case is pretty idiotic, as was said above all it does is merely draw more attention to you. I never heard of this site, or a book for that matter, but after reading this I felt the need to find out who this... you know... is... haha Too be honest though, an intelligent person might see this as a wake up call, although I don't blame him for being offended. But seriously, if your being labled as a douchebag in a book you might want to really reconsider how your living your life... It's pretty sad you've made it into a book for your douchebaggery... haha
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shmengie, 21 Nov 2008 @ 6:30am

correction...
mike, you said: "...no one actually thinks he's literally a bag for douches..." when you should have said: "no one actually thinks he's literally a bag OF douches..."

i'm here to help!
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Mr. Douchebag, 21 Nov 2008 @ 6:32am

I am suing because I am not a douchebag! I am a SUPREME douchebag!
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Matt, 21 Nov 2008 @ 6:42am

Re:
in the choice between a turd sandwich and a giant douche, I'll vote libertarian and vote for douchebag instead ;)
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CJ, 21 Nov 2008 @ 6:52am

Depending on the circumstances in which the picture was taken, could he just not sue for unauthorized use of his image? If he didn't sign a release for the photography for its original use, I'm pretty sure he might at least have a leg to stand on there. (Assuming the hot chick he was next to wasn't a celebrity or other public figure anyway)
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Anonymous Coward, 21 Nov 2008 @ 6:58am

Re:
"If he didn't sign a release for the photography for its original use, I'm pretty sure he might at least have a leg to stand on"

I'm confused.
Was it taken in a public place ?
Before publication, does one need to get everyone in the photo to sign a release ? Does MSM get a pass on this ?
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nunya_bidness, 21 Nov 2008 @ 7:12am

priceless
And Now a word from our sponsors... Only Product With FDA Mrkt Approval Proven to Eliminate Vaginal Odor!
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Lucretious, 21 Nov 2008 @ 7:15am

wasn't there an older site called "Hot chicks with choad's"?
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Water Works, 21 Nov 2008 @ 7:19am

Re: correction...
Actually Mike is correct, See Our Ad on this page for a product description.
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shmengie, 21 Nov 2008 @ 7:33am

Re: Re: correction...
there's ads on the page?
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NullOp, 21 Nov 2008 @ 7:43am

Douchebag?
Actually, calling all the guys in the pics douchebags is a bit generous. Some of them don't rate high enough! BUT, they could be FROM the planet DoucheBag and therefore be DoucheBagians...
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Anonymous Coward, 21 Nov 2008 @ 7:43am

You have a problem with me?
What is wrong with being a douchebag? They get a lot of action.
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Ralph, 21 Nov 2008 @ 7:50am

Hmm
I am happy to see how my fellow readers think its funny to put down males in the USA. I would go as far as to claim misandry, but who am I kidding, it's socially acceptable to put down men (boys are stupid, throw rocks at them).
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Anonymous Coward, 21 Nov 2008 @ 7:56am

They are masters in the art of douchebachery.
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Anonymous Coward, 21 Nov 2008 @ 7:58am

Re: Hmm
Get a grip.

I doubt he would be protesting if he had been featured in "Hot Guys with Sluts"
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tickled purple, 21 Nov 2008 @ 8:05am

what the heck...
...sort of lawyer decides that this is a good case to bring to court?!
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Anonymous Coward, 21 Nov 2008 @ 8:20am

It is cool. Most of your are probably jealous. Going to say whoever wants to mock those guys are probably bigger douches than they are.
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Anonymous Coward, 21 Nov 2008 @ 8:27am

Re: what the heck...
you have no clue what lawyers will do nowadays, anything that might get them a few bucks here and there. They are like savage dogs who will attack anything for even a small bite of food, in this case souls and money
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trollificus, 21 Nov 2008 @ 8:32am

Yeah, but...
[quote=AC]
It is cool. Most of your are probably jealous. Going to say whoever wants to mock those guys are probably bigger douches than they are.[/quote]

...WE didn't get our pictures taken with hot chicks! Ha! Take that MR. Probably Jealous. Oh, wait...damn.

Also, point of technical accuracy, it's the douche NOZZLE that gets the 'action'.
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Anonymous Coward, 21 Nov 2008 @ 8:55am

Well actually...
I've read the lawsuit from the "hot chicks", and I agree with their case. Not only are these pictures of the girls from a club (aka NOT public figures), but having the guys they're with being labeled as douchebags doesn't do much for their own reputation as well. One of them is a realtor, for instance, and her inclusion in the book could very well hurt her reputation (bad for business).
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Brian, 21 Nov 2008 @ 9:21am

God, I would love to see this one in court. It reminds of one of my favorite movie scenes of all time. In "From the Hip" Judd Nelson's client calls his accuser an a**hole while on the stand. They then spend the next two days in a special hearing on the admissibility of the word. Classic stuff, and this has the potential to be just as good.
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Adam Singer, 21 Nov 2008 @ 10:06am

Mike, you win.
This is the funniest thing I've seen all day. Nice.
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snowburn14, 21 Nov 2008 @ 11:01am

Re: what the heck...
Um, the kind that gets paid by the hour?
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RD, 21 Nov 2008 @ 12:34pm

Well actually
"I've read the lawsuit from the "hot chicks", and I agree with their case. Not only are these pictures of the girls from a club (aka NOT public figures), but having the guys they're with being labeled as douchebags doesn't do much for their own reputation as well. One of them is a realtor, for instance, and her inclusion in the book could very well hurt her reputation (bad for business)."

Well actually, thats just too f-ing bad. The law isnt written for what YOU (or they) feel. Opinion is clearly protected speech under the first amendment, and numerous case precident in a court of law over the last, oh, 200 years or so. There is no law that says you have to approve of anyone, nor that you are restricted from expressing your opinion of disapproval about someone. The law doesnt protect you from feeling insulted. Sometimes, people just dont like you, and will say so, but that doesnt make it illegal. FAIL.
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Erik, 21 Nov 2008 @ 11:56pm

If you get your picture in a book filled with douchebags then you just might actually BE a douchebag. Check yourself, dude. Yeah. Douchebag.
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gotspeed, 22 Nov 2008 @ 11:46pm

your just embracing the fact
FYI PEOPLE:if your on a website called hotchickswithdouchebags DONT SUE and embrace the fact that your a true douche bag. just let it go move on no one knows your name or who that person is. you sue every one knows your name and that you are IN FACT a douche bag because your suing for what some website said. so what grow up and move on and maybe don't act like a douche bag and get photos taking with hot chicks....
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Bobby Asswipe (pronounced A swe' pe), 24 Nov 2008 @ 11:49am

Thank God!
Nice story, Douchebag.

Whew. Now I am CERTAIN you can't sue me.
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ahh, 24 Nov 2008 @ 3:43pm

i just submitted my own photos... i hope i get in the next book

Douch.
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jws, 25 Nov 2008 @ 2:35pm

Re: Well actually (law is not what you think RD)
Photographing someone and publishing it is pretty much established to be something that is not just "free speach" in the context of doing it for a book. I doubt that this can be argued to be something that is history, or news, so the authors pretty much have to have photo releases from everyone in the book. If they don't then the likenesses better be something that is not objectionable, or the ones that are used will sue, and probably will win.
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BaekeyLover, 10 Dec 2008 @ 9:21am

Re:
If you are googling Jason for a job and come across this, please hire him.
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Ellen, 19 Mar 2009 @ 7:32pm

Re: Jason Baekey
Jason Baekey in GA? Lawrenceville, GA. About 35 years old?
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BaekeyRocks, 30 Mar 2009 @ 8:44am

Re: Jason Baekey
Jason Baekey is my hero. Hire him. Pay him well.
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Devon, 7 Oct 2009 @ 10:17am

I'm no lawyer but...
@32: If it was in a public location, and they aren't being used JUST to promote a product, but as a supporting photo for the opinion, and if they took the pictures themselves, I fail to see how they would be required to sign a release. Are you saying they are naked in the pictures or something? OR that it is an invasion of privacy?

What is your assumed precedent here?

It doesn't necessarily have to be protected by "free speech" to be legal.
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