📋 Overview

Someone has sent you a cease and desist letter demanding you stop speaking about a topic, remove content, or refrain from certain expression. Before you comply, understand that the First Amendment and California law provide strong protections for speech. Many cease and desist letters are bullying tactics with no legal basis.

No Prior Restraint

Courts generally cannot issue orders preventing future speech. A cease and desist letter has no legal force until a court rules.

Speech Broadly Protected

Political speech, criticism, opinion, satire, and matters of public concern receive the highest First Amendment protection.

California's Strong Protections

California's Constitution provides even broader speech protections than the federal First Amendment.

Common Cease and Desist Claims

  • Defamation - "Your statements are false and harmful"
  • Trade libel - "You're disparaging our products"
  • Tortious interference - "You're damaging our relationships"
  • Trademark claims - "You're using our brand improperly"
  • Confidentiality breach - "You're disclosing confidential information"
  • Vague threats - "Legal action" without specifying claims
$450
Attorney Response Letter

Professional defense of your speech rights, anti-SLAPP warnings, and First Amendment citations.

Schedule Review

🔍 Evaluate the Threat

Analyze the cease and desist to determine if it has any legal merit.

Threat Analysis Matrix

Type of Speech Protection Level Your Risk
Political speech / public issues Highest protection LOW
Criticism of public figures Very strong protection LOW
Consumer reviews / opinion Strong protection LOW
Satire / parody Strong protection LOW
Disclosure of confidential info May have limits MEDIUM
False statements of fact Limited protection HIGH

📄 Analyze the Letter

  • ✓ Is it from an actual attorney?
  • ✓ What specific legal claims are cited?
  • ✓ What statements do they object to?
  • ✓ What action do they demand?

📝 Analyze Your Speech

  • ✓ Is it opinion or fact?
  • ✓ If fact, can you prove truth?
  • ✓ Is it on a matter of public concern?
  • ✓ Did you sign any NDAs or contracts?

Cease and Desist Letters Have No Legal Force

A cease and desist letter is simply a demand - it's not a court order. You are under no legal obligation to comply. Only a court order (injunction) can legally compel you to stop speaking, and prior restraints on speech face extreme constitutional scrutiny. Most threats are never followed by lawsuits.

🛡 Your Legal Rights

The Constitution and California law provide robust protections for your speech.

First Amendment Protection

The First Amendment prohibits government censorship and provides the foundation for resisting private attempts to suppress speech through litigation. While it applies directly only to government action, it shapes how courts evaluate speech-related claims.

Protection: Courts apply heightened scrutiny to any claim seeking to punish or restrain speech.

California Constitution Article I, Section 2

California's free speech clause provides even broader protection than the federal First Amendment. It protects speech at private locations like shopping malls (Pruneyard) and influences how California courts apply speech-related doctrines.

Protection: California courts interpret speech rights more liberally than federal minimums.

Anti-SLAPP Statute (CCP 425.16)

California's anti-SLAPP law protects against "Strategic Lawsuits Against Public Participation." If sued over protected speech, you can file a motion to dismiss within 60 days. Victory means case dismissed plus mandatory attorney fee award.

Protection: Early dismissal of frivolous suits plus recovery of your legal fees.

Opinion and Fair Comment

Pure expressions of opinion cannot form the basis of defamation claims because they cannot be proven true or false. Fair comment on matters of public interest is also protected, even if critical.

Protection: Subjective evaluations, criticism, and commentary are protected speech.

Truth Defense

Truth is an absolute defense to defamation. If your statements are substantially true, you cannot be liable regardless of how damaging they are to the plaintiff's reputation.

Protection: Accurate statements about facts are completely protected.

Protected Categories of Speech

  • Political speech and criticism of government
  • Speech on matters of public concern
  • Consumer reviews and opinions
  • Criticism of public figures
  • Whistleblowing on illegal activity
  • Satire, parody, and hyperbole
  • Academic and scientific discourse

⚖ Response Options

Choose your approach based on the merit of their claims and importance of your speech.

Defend Your Speech

If your speech is protected (truth, opinion, public interest), respond firmly asserting your rights. Cite constitutional protections and anti-SLAPP consequences.

  • Maintains your voice
  • Deters weak claims
  • Puts them on notice

Ignore the Letter

Many cease and desist letters are bluffs. If the sender seems unlikely to actually sue, ignoring the letter is a valid option. Document everything in case they do.

  • No cost
  • Doesn't dignify threat
  • Risk of actual suit (low)

Seek Declaratory Judgment

If you want to resolve the dispute proactively, you can file a declaratory judgment action asking a court to confirm your speech is protected. Aggressive but effective.

  • You choose the forum
  • Forces resolution
  • Requires legal fees

Modify Speech

If there are factual errors in your speech, consider correcting them while maintaining your core message. Don't remove truthful or opinion content.

  • Shows good faith
  • Corrects real errors
  • Maintains your point

Their Risk vs. Your Risk

If they sue over protected speech in California

Their cost to file lawsuit $5,000 - $20,000
Their exposure if you win anti-SLAPP $25,000 - $100,000+
Your cost if anti-SLAPP succeeds $0 (fees recovered)
Negative publicity for suing over speech Significant
LIKELY OUTCOME They Don't Sue

📝 Sample Responses

Customize these templates for your situation.

First Amendment Defense
I have received your cease and desist letter dated [DATE] demanding that I [stop speaking about/remove content regarding] [TOPIC]. I decline your demand. My speech is protected by the First Amendment to the United States Constitution and Article I, Section 2 of the California Constitution. The statements at issue constitute [truthful factual statements / protected opinion / fair comment on a matter of public concern]. As such, they cannot form the basis of any actionable claim. Furthermore, any lawsuit filed against me for this speech would be subject to California's anti-SLAPP statute (CCP 425.16), which provides for early dismissal and mandatory attorney fee awards to prevailing defendants. I will vigorously pursue such remedies if you choose to file suit. I will not be silenced by baseless legal threats.
Public Interest Speech Defense
Your demand letter of [DATE] attempts to suppress my speech regarding [TOPIC]. This is a matter of significant public interest, as it involves [describe public concern - consumer safety, government accountability, business practices, etc.]. Speech on matters of public concern receives the highest level of constitutional protection. See Connick v. Myers, 461 U.S. 138 (1983); Snyder v. Phelps, 562 U.S. 443 (2011). My statements are [true and documented / my honest opinion based on experience / protected criticism]. Your client's preference that I remain silent does not create a legal obligation to do so. Should your client file suit, I will immediately move to dismiss under California's anti-SLAPP statute and seek recovery of all attorney fees. I encourage you to advise your client of these risks before proceeding.
Anti-SLAPP Warning Response
RE: Your cease and desist dated [DATE] Your letter threatens litigation if I do not cease speaking about [TOPIC]. Before your client makes the expensive mistake of filing such a lawsuit, I want to ensure you understand the anti-SLAPP landscape in California. Code of Civil Procedure section 425.16 provides a special motion to strike any cause of action arising from protected speech. My statements clearly qualify as they [relate to an issue of public interest / constitute consumer speech / are truthful statements]. If your client files suit: - Discovery will be immediately stayed - I will file an anti-SLAPP motion within 60 days - Your client will bear the burden of showing probability of success on the merits - If I prevail (which I expect), the case will be dismissed AND your client will be ordered to pay my attorney fees Anti-SLAPP fee awards in similar cases routinely range from $30,000 to $100,000 or more. I suggest your client consider whether silencing one critic is worth that exposure.

🚀 Next Steps

Protect yourself while standing firm on your rights.

Step 1: Document Everything

Save the cease and desist letter, your speech/content, and any evidence supporting your statements. Create backups.

Step 2: Analyze the Claims

Identify what specific legal claims they're making. Vague threats of "legal action" often mean they have no real case.

Step 3: Evaluate Your Speech

Is it true? Is it opinion? Is it on a public issue? The more "yes" answers, the stronger your position.

Step 4: Respond or Ignore

Send a firm response, ignore the letter, or consult an attorney. Don't capitulate to baseless threats.

If They File a Lawsuit

  • Don't panic - Lawsuits over speech often fail, especially in California
  • Note the 60-day deadline - Anti-SLAPP motion must be filed within 60 days of service
  • Contact a First Amendment attorney - Many take anti-SLAPP cases because fees are recoverable
  • Discovery is stayed - They cannot conduct depositions while anti-SLAPP is pending
  • Consider publicity - Lawsuits against speech often backfire (Streisand Effect)

Organizations That May Help

  • ACLU of California - First Amendment defense
  • Electronic Frontier Foundation (EFF) - Digital speech rights
  • Reporters Committee for Freedom of the Press - If you're a journalist
  • First Amendment Lawyers Association - Attorney referrals

Get Professional Help

An attorney response on letterhead often stops these threats. Defend your right to speak.

Schedule Consultation - $450

Legal Resources

  • First Amendment: U.S. Constitution, Amendment I
  • California Constitution: Article I, Section 2
  • Anti-SLAPP: CCP 425.16
  • Anti-SLAPP Resource Center: casp.net
  • First Amendment Center: firstamendmentcenter.org