Older readers may remember The Best Page in the Universe and its caustic childrens' art critiquing writer, Maddox (George Ouzounian). The comedian has in years since hemorrhaged humor almost as fast as relevance, and he is now suing approximately half the internet for making fun of him online.
The latest motion in the widely ridiculed $20 million case reveals that Maddox' status as an actual "cuckold" has become a point of contention. Maddox argued that calling him cuck is libel, and defendant Asterios Kokkinos strikes back by claiming he can prove that his girlfriend cheated on him with Dick Masterson, another defendant.
To fans of The Dick Show and Mr. Kokkinos, a more appropriate definition of the term “cuck” is the one that Mr. Kokkinos’ employer, Weber Shandwick, offered: “an insult frequently used on the internet, where it has become shorthand for any perceived weakness, or rather, perceived reluctance to exploit strength.” NYSCEF DOC. NO. 40, p. 15 of 29 at fn. 7. Using this definition, how could Ouzounian possibly prove that Mr. Kokkinos’ opinion of him is false?
If the Court does adopt the dictionary definition, it nonetheless still is “critical” to understand “the temper of the times and the current of contemporary public opinion.” Nolan v. State, 2018 N.Y. Slip Op 00269, 2018 WL 411628 at *6 (1st Dept. Jan. 16, 2018)(internal cit. and quot. om.). Infidelity is prevalent in today’s society such that the term “cuckold” does not have the same impact as it once may have.To that end, Ouzounian himself has stated that “there’s nothing really inherently wrong with being a cuckold...” See “You don’t know what a CUCK is”, published by Ouzounian on YouTube on May 6, 2016 (at 2:29) (https://youtu.be/SE6jy78tV78). Ouzounian has manufactured an argument that the term “cuckold” is defamatory for purposes of this lawsuit.
Lastly, if this case proceeds beyond the pleadings Mr. Kokkinos intends to prove that Ouzounian is, by his own dictionary definition, a “cuckold.” The genesis of Herrera and Ouzounian’s falling-out (Compl., ¶ 17) was that Ouzounian’s ex-girlfriend cheated on him with Herrera. It is axiomatic that truth is a defense to defamation.
There are numerous other examples of truth as a defense. For example, the lyrics of Mr. Kokkinos’ “Little Cuckold Boy” song are based upon things Ouzounian actually stated (Mr. Kokkinos has transcripts), and other provable facts like Ouzounian being bald and “a writer”. Plaintiffs’ allegations that the statements are false borders on frivolous. See Almeciga v. Ctr. for Inv. Rep., Inc., 185 F. Supp. 3d 401, 436 (S.D.N.Y. 2016) (Plaintiffs’ counsel in this action represented a plaintiff who was sanctioned for perpetrating a fraud on the court by pressing allegations that she knew to be false).
The traditional definition of the word cuckold is "a man whose spouse or romantic partner is unfaithful," and Kokkinos reminds the court that "truth is a defense to [a claim of] defamation."
This means that Maddox may now stand to be legally determined to be a cuck by New York and he has only his own bungled lawfare to thank for it.
The internet, of course, is thrilled.
Maddox' suit against internet "cuck" slingers is in any case a difficult one considering he himself has stated that "there is nothing really inherently wrong with being a cuckold" and that cuckolding "is no worse than most fetishes that get people off, and in fact it's pretty tame" in his infamous cuckolding defense video:
The lawsuit is as expansive as Maddox' butthurt (literally – everything that has ever offended him on the internet made it into his suit), but vistas has made a good overview video:
February 16 UPDATE: Maddox is now seeking a total gag order on Dick Masterson which would bar him from talking about or even retweeting anything or anyone related to the case.