Q: I have filed a Protection From Stalking order in the State of Kansas and a temporary order has been granted.
The judge required that the defendant Cease and Desist mentioning me in any manner on social media posts, including YT. The defendant filed a motion to dismiss, stating that she has freedom of speech and can say whatever she wants. I need to file a response, but I have no idea how to respond. I am not a public figure, the statements she has made have been dangerous, alarming and many qualify as defaming/false light. it has been a severe invasion of privacy, and she ignored a Cease and Desist from an attorney.
A:
Your situation sounds challenging and concerning. Here's some information that may help you formulate a response:
1. Freedom of speech is not absolute: While the First Amendment protects free speech, there are limitations, especially when it comes to harassment, stalking, and defamation.
2. Court orders supersede general free speech rights: When a judge issues an order, it becomes legally binding. The defendant must comply with the order regardless of their personal beliefs about free speech.
3. Private citizens have stronger privacy protections: Since you're not a public figure, you have greater legal protections against defamation and invasion of privacy.
4. Defamation and false light: If the statements made about you are false and damaging to your reputation, they may not be protected speech.
5. Prior attempts to stop the behavior: The fact that the defendant ignored a cease and desist letter from an attorney demonstrates a pattern of disregard for your privacy and legal requests.
6. Safety concerns: If the statements have been dangerous or alarming, this goes beyond free speech and into potential threats or harassment.
When crafting your response, consider addressing these points:
1. Acknowledge the importance of free speech, but emphasize its limitations when it infringes on others' rights and safety.
2. Highlight that the court order is a legal requirement, not a mere suggestion.
3. Explain how the defendant's actions have impacted your life, safety, and well-being.
4. Provide examples of the false or defamatory statements, if possible.
5. Mention the ignored cease and desist letter as evidence of the defendant's disregard for your rights.
6. Emphasize that as a private citizen, you have a reasonable expectation of privacy.
It would be advisable to consult with a lawyer specializing in stalking or defamation cases to help you craft a strong, legally sound response. They can ensure that your arguments are presented effectively and in compliance with local laws and court procedures.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
