defamation is-x-legal cease-and-desist
Is it legal to publish a cease and desist letter that I have received?
<p>I've received a cease and desist letter for defamation from a local businessperson that I believe to be without legal basis - the actionable statements listed are clearly statements of my opinion. Would it be legal to publish this letter publicly, or send it to a newspaper, to let people know that this businessperson is throwing their legal weight around and bullying community members to try to protect their reputation?</p>
<p>To clarify this is a completely separate question from &quot;is it legal to perform the actions listed in the letter&quot; - I'm asking if sharing the letter itself is legal or illegal.</p>

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<p>Is it legal to publish a cease and desist letter that I have received?</p>
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<p>Generally speaking, yes.</p>
<p>My interpretation of your post is that you published your opinion about a business or businessperson, and the businessperson now is trying to intimidate you or deter you from sharing with others your opinion. The phrase &quot;<em>the actionable statements listed are clearly statements of my opinion</em>&quot; is otherwise unclear. Under defamation law, only <em>false statements of fact</em> are actionable whereas <em>statements of opinion</em> are not. The businessperson is not entitled to your silence.</p>
<p>If your criticism is about the business, the cease and desist letter sounds in <em>unfair and misleading practices</em> to the extent that the business is trying to conceal from the public some inconvenient information that you as actual or potential customer possess. Even if you published as a competitor, your statements would have to be <em>untrue and misleading</em> for these to constitute disparagement. See the <a href="http://heimatundrecht.de/sites/default/files/dokumente/Black%27sLaw4th.pdf" rel="noreferrer">Black's Law Dictionary</a> definition of <em>disparagement</em> [of Goods].</p>
<p>For the reasons stated in the other answer, copyright issues are not a matter of concern. It is preferable to publish the letter <em>as is</em>. Transparency preempts confusion as to &quot;<em>I said, he said</em>&quot;. By contrast, paraphrasing the letter for the purpose of avoiding an imaginary violation of copyright creates a risk of you inadvertently giving him grounds for a claim of defamation.</p>

<p>You have no statutory or contractual duty to restrict your responses to the attorney. The prospects that the letter contains material of sufficient originality that it is protected by copyright are low, insofar as such letters tend to be formulaic and the original text may have been written a hundred years ago. Your purpose in disseminating the work is commentary, one of the classical motivating factors behind the copyright concept of &quot;fair use&quot;.</p>
