Can i sue or at the very least have an attorney draft a cease and desist for defamation, libel?

Asked over 1 year ago - Parkersburg, WV

the lead singer of a band had a private conversation with myself on facebook offering me an advanced first copy of their new album, conversation ensued, i told him that i had been stabbed several times during a confrontation while i was protecting my mother. he then posted my name on his bands facebook page claiming i had spent time in prison for stabbing someone, and that i am a sociopath. how and can i act on this.

Attorney answers (2)

  1. Christian K. Lassen II


    Contributor Level 20


    Lawyers agree

    Answered . Cease and desist letter is good option

  2. Sharon Hultner Green

    Contributor Level 7

    Answered . You need to consult a local lawyer. Your state may have stalking laws or the like which can give you the basis for a cease and desist order, but generally speaking such an order against speech is considered a prior restraint and the courts will generally not issue a prior restraint on speech. You probably need to come withiin a statutory exception to get such an otder. Your lawyer can contact Facebook and following their procedures may be able to get the band's posting taken down.

    Any person seeking legal advice for a personal state of affairs should retain an attorney to advise them based on... more

Related Topics

Personal injury and defamation

Defamation is any type of emotional or psychological personal injury that occurs when someone intentionally harms another’s character or reputation.

Personal injury and libel

Libel is the written or visual defamation of another person’s character. False statements can damage someone’s reputation, so it is a type of personal injury.

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