MICHAEL S. ZOLA
ATTORNEY AT LAW
PO BOX 2165
KAMUELA, HAWAII 96743
TELEPHONE: (808) 329-1333
EMAIL: [email protected]
May 17, 2015
CEASE AND DESIST DEMAND
To Whom It May Concern:
I represent the adoptee rights organization Bastard Nation. If you are represented by legal counsel, please direct this letter to your attorney immediately and have your attorney notify us of such representation.
You are hereby directed to CEASE AND DESIST ALL DEFAMATION OF BASTARD NATION’S CHARACTER AND REPUTATION. Bastard Nation is a respected, national adoptee rights organization with a documented history of successfully advocating for the rights of adoptees. They have spent almost two decades serving the adoptee community and building a positive reputation.
Bastard Nation has learned that you have engaged in spreading false, destructive, and defamatory rumors about them, including false allegations that they are a “front for adoption agencies seeking to keep records closed to adoptees”, and insinuations that they are funded by agencies or individuals who support the continuation of sealed records. It is unlawful to engage in defamation of another’s character and reputation. Defamation consists of (1) a statement that tends to injure reputation; (2) communicated to another; and (3) that the speaker knew or should have known was false. Your defamatory statements involve repeated posts on Facebook and other social media, Facebook messages, emails, and conversations with others.
Accordingly, demand is hereby made that you (A) immediately cease and desist your unlawful defamation of Bastard Nation and (B) provide prompt written assurance within ten (10) days that you will cease and desist from further defamation of Bastard Nation’s character and reputation. If you refuse or fail to comply with this cease and desist demand, Bastard Nation will have an actionable right to and will seek monetary damages and equitable relief as a consequence of any such further defamation.
Be advised that Bastard Nation has authorized this communication to you and that they intend to pursue all available legal remedies, including a judgment against each individual involved in any way for monetary damages, injunctive relief, and court costs and attorney’s fees. Before formal action is filed, however, Bastard Nation will give you one opportunity to discontinue your illegal conduct by complying with this demand immediately.
I strongly recommend that you consult with an attorney regarding this matter. If you or your attorney has any questions, please contact me directly.
Very Truly Yours,
Michael S. Zola