📋 Overview

You've received a threatening letter claiming your statements - in a review, social media post, blog, or other publication - are defamatory. Before you panic, remove content, or apologize, understand that California has some of the strongest free speech protections in the country, including the powerful Anti-SLAPP statute.

🛡 California Protects Speech

California's Anti-SLAPP law (CCP 425.16) lets you quickly dismiss meritless defamation suits AND recover your attorney fees.

🕒 Truth Is Absolute Defense

If what you said is true, it cannot be defamation - period. The burden is on them to prove falsity.

💰 Opinions Protected

Pure opinions that can't be proven true or false are protected speech under the First Amendment.

What Is Defamation?

To prove defamation in California, the claimant must establish ALL of these elements:

  • False statement of fact - Not opinion, not substantially true
  • Published to a third party - Someone other than the plaintiff saw/heard it
  • Fault - Negligence (private figure) or actual malice (public figure)
  • Damages - Actual harm to reputation (sometimes presumed)
  • About the plaintiff - Statement identifies them specifically
$450
Attorney Response Letter

First Amendment analysis, Anti-SLAPP evaluation, and strategic response to protect your speech rights.

Schedule Review

🔍 Evaluate the Claim

Most defamation threats never result in lawsuits because the claims are weak. Carefully analyze whether their claim has merit.

Risk Assessment Matrix

Your Statement Type Legal Protection Risk Level
True statement of fact (provable) Absolute defense - truth defeats defamation LOW
Opinion (clearly stated as such) First Amendment protected LOW
Review of goods/services Generally protected; Anti-SLAPP likely applies LOW
Statement about public figure Requires "actual malice" - very hard to prove LOW
False accusation of crime/misconduct Higher risk; may be defamation per se HIGH

📄 Analyze Your Statement

  • ✓Is it a statement of fact or opinion?
  • ✓Can you prove it's true?
  • ✓Does it identify them specifically?
  • ✓Was it published publicly?

📝 Evaluate Their Status

  • ✓Public figure or private person?
  • ✓Matter of public concern?
  • ✓Can they show actual damages?
  • ✓Do they have resources to sue?

💡 What Makes Someone a Public Figure?

Public figures include politicians, celebrities, executives of public companies, and anyone who voluntarily injects themselves into public controversies. They must prove you acted with "actual malice" - knowing the statement was false or recklessly disregarding the truth. This is an extremely high bar.

🛡 Your Defenses

California provides robust defenses against defamation claims.

Truth (Absolute Defense)

If what you said is substantially true, you cannot be liable for defamation. Minor inaccuracies don't matter if the "gist" or "sting" of the statement is true. The plaintiff bears the burden of proving falsity.

When to use: You can prove what you said with documents, witnesses, or other evidence.

Opinion Privilege

Pure opinions that cannot be proven true or false are constitutionally protected. "I think he's a crook" (opinion) vs. "He stole $10,000" (fact). Context matters - a statement in a review is more likely opinion.

When to use: Your statement was clearly subjective judgment, not factual assertion.

Anti-SLAPP (CCP 425.16)

If they sue, you can file an Anti-SLAPP motion within 60 days. If the lawsuit arises from protected speech (review, public issue, petition) and they can't show probability of winning, the case is dismissed and they pay your fees.

When to use: Your statement was about a public issue, consumer review, or petition to government.

Fair Comment Privilege

Commentary and criticism on matters of public interest is protected, even if harsh, as long as it's based on true or disclosed facts.

When to use: Reviewing a business, commenting on public controversy, criticizing public conduct.

Statute of Limitations

Defamation claims in California must be filed within 1 year of publication (CCP 340(c)). If your statement is older, they're time-barred.

When to use: The statement was made more than 1 year ago.

💰 Anti-SLAPP Fee Recovery

If you win an Anti-SLAPP motion, the plaintiff must pay your attorney fees. This makes Anti-SLAPP a powerful tool that deters frivolous lawsuits. Typical fee awards: $15,000-$50,000+.

⚖ Response Options

Choose your strategy based on the strength of their claim and your defenses.

Assert Your Rights

If your statement is true or protected opinion, respond firmly declining to retract. Many threats are bluffs that evaporate when met with resistance.

  • Cite specific defenses
  • Mention Anti-SLAPP
  • Don't admit wrongdoing

Clarification (Not Retraction)

If there's ambiguity, offer to add clarifying context without admitting the original was false or defamatory.

  • Preserves your position
  • Shows good faith
  • May satisfy them

Strategic Removal

If the statement was false or the fight isn't worth it, remove content quietly without formal retraction or apology.

  • Ends the matter
  • No admission
  • May not satisfy them

Negotiate

Discuss a mutual resolution - perhaps removal in exchange for release, or statement modification.

  • Get full release
  • Control narrative
  • Avoid litigation

📊 Litigation Cost Analysis

If they actually sue

Anti-SLAPP motion (file within 60 days)$5,000-15,000
If Anti-SLAPP granted - fee recovery$15,000-50,000+
Full defense through trial$50,000-200,000+
Their cost to pursue weak claim$30,000-100,000+
STRATEGIC ADVANTAGEAnti-SLAPP = strong leverage

⚠ What NOT To Do

  • Don't apologize - Can be used as admission of falsity
  • Don't issue formal retraction - Unless truly false and damaging
  • Don't delete evidence - Preserve all versions for your defense
  • Don't make more statements - Don't escalate or add fuel

📝 Sample Responses

Customize these templates for your situation.

Strong Defense Response
Re: Your Letter Dated [DATE] We have reviewed your demand letter alleging that statements made by our client constitute defamation. We respectfully decline your demand to retract or remove the statements. The statements at issue are either: (1) substantially true, (2) constitutionally protected opinion, or (3) fair comment on matters of public concern. Under California law, your client bears the burden of proving falsity, which they cannot do. Furthermore, any lawsuit based on these statements would be subject to California's Anti-SLAPP statute (CCP 425.16). The statements clearly arise from protected activity - [consumer review/public issue speech/petition activity]. An Anti-SLAPP motion would result in dismissal with prejudice, and your client would be liable for our attorney fees. We advise your client to carefully consider the costs and risks of pursuing this matter further. We will vigorously defend any lawsuit and will seek maximum fee recovery under Anti-SLAPP.
Truth Defense Response
Re: Defamation Claim - [SUBJECT] We represent [CLIENT] regarding your defamation demand letter dated [DATE]. Truth is an absolute defense to defamation in California. The statements your client objects to are true, and we possess substantial evidence to prove it, including: - [DESCRIBE EVIDENCE: documents, witnesses, records, etc.] Your client cannot prevail on a defamation claim when the statements at issue are demonstrably accurate. We invite your client to file suit if they believe otherwise - we are confident in our ability to prove truth at trial and will pursue Anti-SLAPP relief and attorney fees. This response is without prejudice to any other defenses we may assert.
Opinion Defense Response
Re: Your Defamation Demand We reject your characterization of our client's statements as defamatory. The statements at issue are clearly expressions of opinion protected by the First Amendment and Article I, Section 2 of the California Constitution. Specifically: 1. The statements were made in the context of [a review/commentary/criticism], where readers expect subjective opinions 2. The language used ("I think," "in my opinion," "seemed to me") signals opinion 3. The statements cannot be objectively proven true or false 4. The topic involves matters of public concern where robust debate is protected Under Milkovich v. Lorain Journal (1990) and its California progeny, statements that cannot reasonably be interpreted as stating actual facts are absolutely protected. Your client's demand is meritless. Should your client file suit, we will immediately file an Anti-SLAPP motion and seek full recovery of fees.

🚀 Next Steps

Immediate actions when you receive a defamation demand.

Step 1: Preserve Everything

Screenshot your statement, their demand, and any evidence supporting truth. Do not delete anything.

Step 2: Don't Panic

Most threats are bluffs. Take time to analyze before responding or changing anything.

Step 3: Gather Evidence

Collect documents, witnesses, and other proof that your statement is true or opinion.

Step 4: Respond Strategically

Send a measured response that preserves your defenses without admitting wrongdoing.

If They File Suit

  • You have 30 days to respond - File answer or motion
  • Anti-SLAPP within 60 days - This should be your first move if applicable
  • Discovery stayed - Anti-SLAPP motion freezes discovery
  • Interlocutory appeal - You can appeal Anti-SLAPP denial immediately

Protect Your Free Speech Rights

California's Anti-SLAPP law exists to protect speakers like you. Get professional analysis of your defenses.

Schedule Consultation - $450

California Resources

  • CCP 425.16: California Anti-SLAPP statute
  • Civil Code 44-48: California defamation law
  • CCP 340(c): 1-year statute of limitations
  • Anti-SLAPP Resource Center: casp.net