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

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. 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 all the relevant facts. This answer supplies general information only, and is not based on sufficient or detailed information personal to you to address your legal issues. As such this response does not constitute legal advice and should not be relied on in making any decision whatsoever. Circular 230 Disclaimer: Information imparted herein cannot be interpreted as advice given and cannot be used to eliminate penalties with the IRS or any other government agency.

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