Dear William Kerr and Passionate America:
Please be advised that I represent Jordan Edmund. It is our understanding that you and Passionate American are identifying Mr. Edmund with certain Instant Messages ("IMs"). You have indicated that ABC News mistakenly published these alleged Ims and that you should not have been able to obtain this information. Whether this is true or not is beside the point. Without any foundation or legal permission, you are stating that our client is the person associated with the Ims. Neither ABC News nor Brian Ross have been error free in their reporting in the past. You should not assume that they are correct now. Like all individuals and institutions, they occasionally make mistakes. Therefore, I respectfully demand that you cease any further efforts to identify our client with these alleged Ims and cease publishing such information on Passionate America. Neither you nor Passionate American is authorized to use any photograph of him, his name or his personal information. You should consult with an attorney who is experienced in civil and criminal liability regarding the internet. If you are correct that ABC News should not have released the alleged AOL screen name and that ABC News has risked civil and criminal liability because of the unauthorized release, then your republication of the unauthorized release likewise exposes you to possible liability.
Sincerely,
Stephen Jones
JONES, OTJEN, DAVIS, NIXON & JUHL
114 E. Broadway, Suite 1100
P.O. Box 472
Enid, Oklahoma 73702
(580) 242-5500
(580) 242-4556 (fax)
sjones@stephenjoneslaw.com
Far as I can recall from business years, the only "cease & desist" that has any legal force has to be issued by a Court... and my understanding from reading other information is that the matter refered to has been plastered across the web, so even if this email is authentic it appears to me to be an attempt at intimidation.
Nonetheless, PA would be wise to call a lawyer. Just to cover his bases.
An attempt at intimidation.....seems to be the opinion of most here...or could be someone faking a letter from Jones....
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I just saw the lawyer for Jordan Edmund on CNN and when asked whether this was just part of a prank the lawyer said, with a small grin, “I can’t say there was not an element of a prank in this” [paraphrasing from memory]. So it seems Drudge is correct. So the barely risque emails from the SSP website were forgeries of an issue dealt with in the fall and the IMs were the results of a prank goading Foley on. No complaints in all these years from the victims. Reviews by the FBI and media concluding insufficient evidence. Parents asking Foley to not talk to their child because he was uncomfortable - and Folley complying. Nothing until faked emails hit a fake website on information CREW and ABC News had for months….
Well...they are typically sent as a first step before filing suit. Basically, to show that the plaintiff attempted to resolve the dispute outside of court first.
To be honest, one important piece of advice I have for Wild Bill is this:
Anybody can sue anybody in these United States. From the article profiling Bill in the Daily Oklahoman, he is on a pretty tight budget. Win or lose, a lawsuit will cost you money. Unless you know you can get pro bono representation, you need to consider the financial strain of a lawsuit. I know that isn't fair, but that's the way it works - nobody here would fault you for protecting your family. Besides, the information is out there now - you can't put the toothpaste back in the tube (another reason to doubt the authenticity of the letter...)
Having said that, I would first confirm that this letter came from the real Stephen Jones; if so, and if no attorneys have offered to help you, you might replace the current content with links to other sites (including Jordan Edmunds MySpace site, and all MSM articles talking about him) and leave the cease & desist letter up, as well, with a note from you to the effect that "At the request of Mr. Edmunds, via his attorney, I have removed the previous article related to former Congressman Mark Foley and former page Jordan Edmund."
Final piece of advice, as was noted earlier on this thread - don't trust legal advice you get on an anonymous chat board!
I agree 100% with backhoe.
And I'll go a step further - - it is illegal to threaten to sue somebody, and Wild Bill may want to contact an attorney for the purpose of pressing charges and/or suing this bastard Stephen Jones. Get mad and bury him.
If issued by a court, it's a temporary restraining order or injunction.
Attorneys send cease and desist letters all the time. It is really a threat to resort to legal action if the request is not complied with.