Liberty University’s Sic “Cease and Decist” Letter

Joshua —  April 5, 2012 — Leave a comment

Liberty University is none too pleased with Southern Baptist gadfly Peter Lumpkins’ recent post regarding LU’s Board of Trustees ruling to disapprove of the invitation of Mark Driscoll and his “Real Marriage” book tour. In the post, Lumpkins questions and criticizes the leadership of LU President Jerry Falwell Jr. for inviting Driscoll, among other criticisms.

Tony Kumer, the owner of SBCVoices.com which links to Lumpkins’ blog, received this “cease and decist [sic]” email from LU’s General Counsel David Corry

from: Corry, David M dcorry@liberty.edu
to: “peterlimpkins@gmail.com”
cc: “Tony@sbcvoices.com”
cc: ”court-orders@wordpress.com”
date: Wed, Apr 4, 2012 at 6:39 PM
subject: Cease and Decist False Statements regarding Liberty University Trustees

Peter Lumpkins:

Your recent internet blog on peterlumpkins.com/typepad.com has come to the attention of Liberty University and its Board of Trustees. (http://peterlumpkins.typepad.com/peter_lumpkins/2012/04/liberty-university-trustees-unanimous-mark-driscoll-is-not-welcome-by-peter-lumpkins.html) I write on their behalf to inform you that it contains false information that is defamatory and calculated to injure Liberty University by portraying it in a false light. Furthermore, the content of Liberty University’s Board of trustees meetings are confidential and protected both by Virginia law and confidentiality agreements signed by all trustees and officers in attendance. I understand that you are responsible for the blog and write to demand the immediate removal of the post, as well as a posted retraction. The failure to take the actions requested here will result in my advising Liberty University of its full array of legal rights, which include a civil action for damages and injunction relief against you and SBC.com and WordPress.com (Automattic). Additionally, Liberty University may have to take swift action publicly, naming you, to protect and restore its reputation, which action may prove embarrassing to you.

By copy of this email to SBC.com and WordPress.com, we are placing them on noticed as the publishers of the blog, that they have aided in the publication of false information which is defamatory, as well as confidential information that is protected by Virginia law, and that they should take steps immediately to remove, restrict access to, and restrict availability of this material. Not only does Virginia law compel such a result, but their own policies and rules would produce such a result. One of their contributors has violated the terms of service by posting information that is objectively false, defamatory and portrays Liberty University in a false light. To the extent any information in the blog posting regarding occurrences at a confidential board of trustees meeting is not false and defamatory, it is protected as confidential information by law. Accordingly, they should immediately remove the posting as being a violation of their policies governing blog postings for being harmful and objectionable.

Please govern yourselves accordingly.

In His service,

David M. Corry
General Counsel
Office of Legal Affairs

I do not approve of Lumpkins’ writing/blogging as it is the worst of any “Christian” blog I have seen, but it seems Liberty University is being a bit sensitive over the criticisms of a generally unknown Southern Baptist blogger. They also might want to get another one of their attorneys to send out emails in the future.

You can see all the errors in the email documented and read Tony’s commentary on the matter over at SBCVoices.

Joshua

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I am a disciple of the risen Christ Jesus, husband to Libby, grad student, blogger.