Defamation/Cease and desist question

Omiacha

New Member
Hi, I have a question pertaining to defamation and if we have any legal options to make it stop. I live in a small town of around 4,000 people. My family owns a small local business. My father also serves on the town's city council and has done so for nearly 30 years. Over the past year a man, angry with the city, has created a Facebook group now with over 700 people that he uses to defame the city and make false claims. He attacks the mayor, city clerk, city council, fire chief, even the city attorney, and other city officials as being corrupt and breaking the law. All of this culminating in this angry (unemployed) man making an unsuccessful run for mayor this past election. It has been clear to me for a long time that all along his goal was to make a "stink" in hopes of drumming up enough votes to get elected to office so he can have a job and get a nice paycheck. Regardless of his motives this brings me to my problem. My father has been a life long servant in this community and goes far beyond what any one person should to do to try and help make it a better place to live. Being the good man my father is he was the first person to go to this man when he first started showing up at council meetings claiming of crimes being committed. My father went to him and listened to him talk for several hours to try and get to the bottom of things and if there is wrong doing then take appropriate action. However, this angry man for some reason has now been targeting my father with horrible lies that he is stealing from the city and misappropriating funds as well as covering up crimes by other city officials. All of these are ludicrous lies of a bitter little man and we have ignored them for many months now. Unfortunately, the man has grown a large audience with his Facebook group and has undoubtedly made some of them believe his lies. This has harmed my fathers good name and in turn has damaged our business causing us to lose customers. Our family is suffering because of one mans lies and slander. I am trying to find out if we have any legal recourse in this matter? I am not looking to sue for damages because the man couldn't pay even if he was prosecuted. I simply want the man to stop making up lies and causing undue stress to my father, my mother, and his business. Can you sue to have this removed? Can an attorney send a cease and desist notice? I know freedom of speech makes it virtually impossible to do anything but surely there is some action that can be taken. How can one petty man be able to destroy good hard working people's reputations without any recourse? Thank you for taking the time to read and comment.
 
Over the past year a man, angry with the city, has created a Facebook group now with over 700 people that he uses to defame the city and make false claims.


Yes, that's what the law characterizes as FREE SPEECH, which is protected under The Bill of Rights via the first amendment.

My father has been a life long servant in this community and goes far beyond what any one person should to do to try and help make it a better place to live.

You must be proud of your father.

However, he's what the might label a "public figure".



I am trying to find out if we have any legal recourse in this matter?


Anyone with the ability to hire a lawyer, or file a lawsuit can use our laws to sue anyone the entity or person desires.

I submit to you for your consideration, your father lacks a case upon which he could successfully achieve a judgment for any of the things you allege to have occurred.


Can you sue to have this removed?

Yes you may, but you won't achieve your desired outcome.


Can an attorney send a cease and desist notice?


Offer anyone enough money and you can very likely get someone to do almost anything.

I'm an attorney, but I wouldn't steal your money or "shine you on".

I know freedom of speech makes it virtually impossible to do anything


There you go, you DO understand.

The best thing anyone can do to defeat a troll is ignore it.

How can one petty man be able to destroy good hard working people's reputations without any recourse?

I suppose you could find millions of people who have asked that question.

The Shadow said it best decades ago:

Who knows what evil lurks in the hearts of men? The Shadow knows...

The weed of crime bears bitter fruit.




The Shadow - Wikiquote
 
I'll summarize your post for others who might not want to read that gigantic block of text:

"Members of my family live in a small town and are being defamed. What is our recourse?"

As far as your questions, the answers are all yes, and it's honestly hard to imagine that you could might have thought any of them might be answered other than in the affirmative.

I suggest you confer with a local attorney about this.
 
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