Mike Madigan’s Defamation Per Se

An open letter to Mike Madigan, tea party activist and former candidate for Congress.

Dear Mr. Madigan:

On November 26th, you published two items to your Twitter account, reproduced and linked-to below:

Please be advised that these Tweets are patently false, misleading, and defamatory.

Specifically:

1. I am not “obsesed w” [sic] or “stalking” Kathy Weppner or any member of her family. “Stalking” is a crime in New York, and in accusing me of committing this crime, your defamation is actionable per se.

2. I did not take “her name”; i.e., I am not the person behind the @kathyweppner4ny Twitter account, nor have I started or maintained any Twitter account to parody or otherwise comment on Kathy Weppner or her campaign. More to the point, there is not a single syllable that I wrote or spoke about Kathy Weppner that was not done under my own name.

3. “Bullying”: Weppner was a candidate in an adversarial election, and under no circumstances did I “bully” her. Unless you believe that using Weppner’s own words and beliefs against her within an electoral context is “bullying”, in which case we might have a fun time examining your past pronouncements.

Furthermore, like stalking, harassment is a crime in the State of New York, and accusing me of same is also libel per se. I have not gone after Weppner’s family in any meaningful way, and I was not the person who captured images from her childrens’ apparently open Facebook accounts in order to criticize them.

I am not @kathyweppner4NY, and I have committed no crime. Although I am arguably a public person, you accused me of “taking” Weppner’s “name” via that Twitter account with no proof whatsoever of that fact. ¬†You didn’t even bother to ask. Under the law, you made your false statement of fact on that point with actual malice; i.e., with reckless disregard to its truth or falsity.

I tried to respond on Twitter, first with anger, then with humor, but you have chosen repeatedly to ignore me, so I find myself forced to make this demand.

As such, demand is hereby made that you immediately delete the aforementioned Tweets, and issue a retraction to your followers. If not removed before December 16th, I reserve the right to take any further action I deem necessary, including, but not limited to, seeking compensatory and punitive damages.

Should you have any questions or concerns, please contact me directly.

(The foregoing was sent to Mr. Madigan yesterday by email and via Facebook message. I have not heard back, but he promptly blocked me on Facebook, indicating receipt.)

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