If you're a blogger, journalist, or outspoken citizen voicing controversial opinions, you might have...

1. Should You Ignore Or Comply With A Cease And Desist
Order?
If you're a blogger, journalist, or outspoken citizen voicing controversial opinions, you might have
received a cease and desist order demanding that you stop. This might worry you, as it worries most
people who get threatening documents from attorneys. The order may claim that you are making
"false and defamatory statements" and that legal action will follow if you don't stop. But scary as
that may seem a cease and desist letter is not necessarily the end of the world. You may have more
power than you think. First, you should understand what a cease and desist order is and is not.
Despite the word "order", a cease and desist order is NOT a court order. It did not come from a
judge, nor did it come from any court or government agency. (That would be called an injunction.) It
is simply, as Wikipedia states, an "order or request to halt an activity, or else face legal action." A
private person paid an attorney to write up the order and mail it to you. Furthermore, anyone can
send anyone a cease and desist order about anything. Someone could pay an attorney to draft a
cease and desist order demanding that you stop wearing the color red on Friday. (There have
probably been even more ridiculous real-life examples than that.)
Unfortunately, this allows lawyers to bully people who think cease and desist orders are official
court documents. Bloggers on the Internet are particularly susceptible to this. An outspoken blogger
publishing negative things about wealthy or prominent people stands a great risk of getting cease
and desisted. This is true even when the things being published are completely true and verifiable.
Many attorneys will send you the order anyway, figuring that you won't waste the time or money
fighting it. This is becoming a widespread problem, as Wikipedia notes:
"Civil liberties and free speech groups have criticized cease-and-desist letters, pointing out that the
letters may be used by wealthy individuals and organizations to silence opponents who are unable or
unwilling to engage in an expensive lawsuit, and thus prefer to comply with a cease-and-desist letter
(even if it is unjustified)."
So what should you do if you receive a cease and desist order? It's your call, but don't be too quick to
give in. To actually sue you and win a defamation case (which is what most cease and desist orders
threaten to do), the attorney will have to do several things that are difficult or impossible when you
are telling the truth.
First, the attorney has to prove what you said is false. This in and of itself will be difficult if what you
said is true. But beyond that, the attorney must also prove that you said it with actual malice. As the
reputed lawyer attorney Ivan Hoffman states," actual malice generally refers to statements made
with knowledge of their falsity or in reckless disregard for whether they were false or not." In other
words, it must be proven that you knew what you were saying was false. Obviously, if what you are
saying is true, this cannot be done and he cannot win his case. His case will be even weaker if you
have solid research and sources to support your statements.
It will also be tough to win a defamation case against you if the person you published something
about is a "public figure." Very simply, a public figure is someone who Attorney Joseph Mchugh has
attracted notoriety, controversy, or media attention to the point where he is more prominent than a
typical private citizen. Someone who fits this description has almost no chance of beating you on

2. defamation charges. According to ExpertLaw.com, even "people accused of high profile crimes may
be unable to pursue actions for defamation even after their innocence is established, on the basis
that the notoriety associated with the case and the accusations against Mark Carmel Immigration
them turned them into involuntary public figures."
Finally, you should know that truth is an absolute defense against defamation charges in the United
States. This was mentioned earlier, but cannot be stressed enough. If what you said is true, and you
can prove it, it will be very difficult for an attorney to make good on the threats made in a cease and
desist order.
Sadly, most people are not legally minded and will simply obey any cease and desist order they get
out of fear. But now you know - if you're being bullied or harassed by attorneys in spite of making
completely truthful statements, don't back down!
By: Fred Jones
Article Directory: http://www.articledashboard.com
Fred Jones
findlaw