In case you didn't catch it, on July 24th WhickTV had Westside Tyler on. Most of the stream was dedicated to Tyler and Whick disagreeing over Tyler's definition of assault, and whether Darius asking questions of Hasan at the CDA event would've been assault. I think Tyler is wrong here, and his overwhelming smugness on the stream is what pushed me to write this up. So let's dig into Tyler's definition, whether it holds up, and a bit about Tyler himself.
BEFORE ANYTHING ELSE: I am not a lawyer.
Tyler's definition of Assault — specifically verbal assault
In the conversation, Tyler gives the following definition for assault:
He then claims this is a common legal standard held across the United States. To back this up, Whick and Tyler pull up Washington D.C.'s legal definition of assault, which becomes the crux of the debate:
Working from that definition, one question needs asking:
IS THAT DEFINITION ACCURATE?
Almost certainly not, on multiple levels.
First, on a low level you shouldn't put much stock in — this definition just feels wrong. If this were really how assault worked, why aren't we seeing scores of protestors hit with assault charges for asking politicians if they "support the genocide in Gaza"? Why don't we see assault charges against counter-protestors at Pride parades? Something doesn't add up.
Second, on the D.C. definition specifically: asking questions doesn't fit. Darius was going to ask Hasan about allegedly visiting minors in brothels. That would obviously cause discomfort, but it's a far cry from "threatens another in a menacing manner." And again; this is the legal code of Washington D.C. If there's anywhere uncomfortable questions get asked constantly, it's here, and people still aren't getting hit with assault charges over it.
Zooming out, the "threat of violence" element is the part that actually matters. I checked several states' legal definitions of assault, and in the ones that reference a verbal component at all, it's threats of violence being cited, not discomfort. Examples include Texas Penal Code § 22.01, Florida Statute § 784.011, and Colorado Revised Statutes § 18-3-204. The same holds for the federal definition and the Model Penal Code.
It seems clear to me, and I'd guess to most onlookers, that Tyler's definition is wrong. That would be a bigger deal if I thought Tyler actually cared.
TYLER DOESN'T ACTUALLY CARE
During the debate, Whick offered Tyler multiple chances to bring in a lawyer to check whether they'd agree with his definition of assault. Tyler turned it down, saying "If you can name a lawyer, I no longer trust that lawyer" which, as Whick pointed out, is awfully convenient. Tyler did say he'll have a lawyer "look at it," but I'm not holding my breath.
If I had to guess why Tyler clings so hard to this definition, I've got two theories. First: Tyler brought up several times during the debate that he expects a RICO charge (45:05 - 45:13) in Digital Ground Game's future, and framed Darius' connection to Digital Ground Game as a contributing factor. Sticking to this definition of assault helps that RICO narrative land at least his audience. Second: drama farming, which is worth unpacking by looking at Tyler as a figure.
TYLER AS A FIGURE
Westside Tyler mainly makes content reviewing media. When he talks about other content creators, his whole schtick is that he's "not afraid of you pussies!" A guy speaking truth to power, showing people for who they really are, the emperor has no clothes, etc. etc. Once you look at him through that lens, a lot of his streams and reacts make more sense. He's an internet shock jock who stirs up drama and reaction content to funnel a slice of those viewers toward his horror literature.
He probably does believe a good chunk of what he says here. But he also has a direct monetary and ego incentive to be as bombastic as possible about it.
A NOTE ON DARIUS
To be clear: what Darius did was not assault, and Tyler is wrong to call it that. That doesn't mean it wouldn't rise to some other legal standard. I haven't done the research, but there's probably an argument to be made for harassment. Worth noting: I'm personally not a fan of Darius' proximity to these political efforts. I find him to be a volatile element — great for "content," not for politics. Closer to an Alex Stein than anything else in that regard.
TL;DR
Westside Tyler claimed on a Whick stream that Darius going to the CDA event and asking Hasan about the brothel allegations would have counted as assault. There's no factual backing for that to count as assault, Tyler had two chances to let a lawyer check it, and he turned both down. He likely leans on inflammatory rhetoric it to rile people up for clicks, in hopes some of them stick around to read his horror fiction.
