NJ Trial Court Tosses Defamation Case Against Hot Chicks With Douchebags

A Superior Court judge in Bergen County New Jersey dismissed a defamation case against a number of defendants based on the claims of two women who sued over photographs taken of them clubbing at a Clifton, NJ bar which were included in a book titled, "Hot Chicks With Douchebags," published by a Simon & Schuster division.

In a 9-page written opinion granting summary judgment, the trial judge dismissed the complaint finding there was no actionable defamation claim because the photographs and accompanying text are used for humorous social commentary and the book is protected by the First Amendment.

The photos showed the women with one or more men described as "douchebags", which the book's author describes as men with "Greasy foreheads, spiked frosted hair, oiled up faces dripping with Tag Shot spray", dressed in "Armani Exchange T-shirts and rank cologne wafting off their backs like fetid pollen clouds as they pump their fists and attempt to grind into any hotties nearby."

The book's author, who also runs a website with the domain name http://www.hotchickswithdouchebags/, defines "hot chicks" as "young beauties oblivious to the hulking monstrosity clutching at their butts like snapping turtles on a Red Bull."

The plaintiffs appear together in a photo with a man reclining across their laps. One of the women is shown blowing a kiss at the camera, with a spiked-haired man throwing his arm around her. The photos were taken by a nightclub promotion company. The plaintiffs did not consent to the use of their photos and were not asked to give consent. Although neither of the women's names were identified in the photos or the book they objected being depicted as "females who date dubious men", and alleged that the book damaged their career prospects.

In addition to alleging defamation, the plaintiffs' complaint sought recovery for negligent infliction of emotional distress, conspiracy to commit fraud, and invasion of privacy.

As one would expect from a lawsuit with a defendant named “Hot Chicks With Douchebags”, the Court's decision contains some humorous quotes:

A reasonable person would conclude a book named "Hot Chicks With Douchebags" is meant to be satirical, and, while some would consider it vulgar, it is not an assertion of fact, the trial judge said.

Citing passages from the book as examples, the trial judge remarked that a reasonable person would not believe that "in 1981 archaeologist Renee Emile Bellaqua uncovered in a cave in Gali Israel a highly controversial Third Century religious scroll suggesting that the 'douchey/hotty' coupling was a troublesome facet in early social religious structures" or that "Jean-Paul Sartre stated 'man is condemned to be douchey because once thrown into the world he is responsible for every douchey thing that he does.'"

One has to wonder whether the attorney defending "Hot Chicks With Douchebags" was able to keep a straight face while announcing his client's name during his opening appearance before the trial judge at the motion hearing. "Good morning Your Honor. I represent Hot Chicks With Douchebags."