Looks like an attempt at “extortion by lawsuit” by a race-based grievance ho in California.

Miley Cyrus has said she meant no offense by a gesture that some have construed as insensitive to Asians — but one woman isn't buying the pop star's story, and she thinks Cyrus should pay.

TMZ reports that the Los Angeles woman, Lucie J. Kim, has filed a class action lawsuit on behalf of all Asian Pacific Islanders living in Los Angeles County. And she's seeking quite a payout: $4 billion.

In the controversial photo, Cyrus, 16, is shown sitting on her boyfriend Justin GastonÂ’s lap surrounded by a group of friends all making a stereotypical gesture by pulling their eyes into a slanted position. The gesture is commonly thought to be offensive to Asian Pacific Americans.

Now here’s the problem with this lawsuit – there is absolutely no actionable harm alleged in this suit. Being offended is not an actionable in civil court. Neither is the expression of an (arguably) racist sentiment. This suit ought to be thrown out with extreme prejudice – and Ms. Kim and her legal team ought to be subjected to serious legal sanctions for filing this frivolous suit.

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Let’s see – a college kid does something sort of dumb, like so many other college kids. Why is it news? Because he is among the most elite athletes in the world today, Olympic gold medalist Michael Phelps.

Now let’s be honest – taking a hit off of the bong was a dumb thing to do. But his response and that of the IOC are absolutely correct.

The International Olympic Committee expressed confidence Monday that Michael Phelps will learn from his "inappropriate behavior" and continue to serve as a role model after a British newspaper published a photo of him inhaling from a marijuana pipe.

Phelps, who won a record eight gold medals at last year's Beijing Olympics, apologized and acknowledged "regrettable behavior" after the picture was published Sunday by the tabloid News of the World.

"Michael Phelps is a great Olympic champion," the IOC said in a statement e-mailed to The Associated Press on Monday. "He apologized for his inappropriate behavior. We have no reason to doubt his sincerity and his commitment to continue to act as a role model."

Of course, the media has had a field day with the story, and really has not separated the issue of performance enhancing drugs from recreational drugs. Just call it one more sign of media cluelessness.

And for those of you who are surprised by my position – yes, I do support legalization (or at least decriminalization) of marijuana, even though it is a substance that I’ve never had any particular interest in using. I’d classify it along with tobacco and alcohol – substances that I either don’t use or don’t use often, but which I personally find inoffensive if they are used responsibly and in moderation.

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