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* A September 4 letter to US Rep. Sean Casten from Awake IL…
Re: Cease and Desist - Defamation
Dear Sir:
This is written on behalf of Awake IL, Inc., a nonprofit organization based in Illinois. Awake IL engages in social welfare advocacy on behalf of communities across the state.
It has come to our attention that you, Sean Casten, are unlawfully exploiting the mission of Awake Illinois with defamatory claims per the common law elements of “defamation” (see attachments).
Accordingly, Awake IL demands that you immediately cease and desist from further acts of defamation to any third party and remove committed acts of defamation from any third-party sites to which defamatory statements have been posted (e.g. https://castenforcongress.com, Daily Herald, etc).
Please contact us upon your receipt of this letter to confirm that you will comply with these demands and to discuss an appropriate resolution. In the event we do not receive the foregoing from you within ten (10) days from the date hereof, Awake IL will take additional steps necessary to protect its rights and/or seek all remedies available under applicable laws as a result of your unlawful acts of defamation.
Awake IL may file a civil action in local state court requesting damages and attorney’s fees wherever applicable.
The foregoing is not intended to be a complete recitation of the facts pertaining to your infringement. Nothing herein shall be deemed an admission or waiver of any of Awake IL’s rights or remedies, all of which are expressly reserved.
Sincerely,
Shannon Adcock
President, Awake ILJosh McBroom
Vice President, Awake ILSteve Lucie
Director, Awake ILCC:
Attorney Thomas DeVore
Silverlake Law Group
* The Casten campaign issued a press release on today’s “deadline”…
Last week, after U.S. Congressman Sean Casten called on Keith Pekau to disavow Awake Illinois and the award Pekau received from them, Casten received a cease and desist from Pekau’s allies at Awake Illinois.
Rep. Casten has released the following statement:
“I will not cease nor desist in supporting the interests of everybody in the community I represent and making sure that there’s space for decency and kindness and love,” said Rep. Casten. “Keith Pekau and Awake Illinois should be ashamed of themselves for the unsafe environment they have created in our community. They have used their platform to promote hatred, homophobia, and bigotry.”
Tom Devore, the Republican nominee for Attorney General in Illinois, was CC’d on the cease and desist.
This week, the Downers Grove Public Library announced it was canceling an upcoming Drag Queen Bingo program after it received severe threats regarding the event, including calls to bring weapons to the event. These threats occurred after Keith Pekau and Awake Illinois issued a call-to-action to their supporters.
In July, Uprising Bakery in Lake in the Hills was attacked after it announced it was hosting a kid-friendly drag show. This occurred after Awake Illinois and Members of the Proud Boys’ Northern Illinois chapter promoted a protest of the event.
In January, the St. Charles Public Library was forced to temporarily close due to threats after Awake Illinois publicly criticized the library’s COVID-19 safety measures.
…Adding… Tribune…
Geoffrey Stone, a First Amendment scholar at the University of Chicago Law School, said the statements included with Awake Illinois’ letter provide no legal backing for a claim of defamation.
“They are just ordinary political statements that are fully protected by the First Amendment,” Stone wrote in an email. “Only factually false statements made can constitute defamation, and even then they have to be either negligently or recklessly made.”
posted by Rich Miller
Wednesday, Sep 14, 22 @ 11:04 am
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Good for Sean. I don’t get the event or why it’s being held at a public library but I also don’t care. And I appreciate that Sean is not taking the cautious approach.
Comment by New Day Wednesday, Sep 14, 22 @ 11:07 am
Also, just as a matter of, ya know, the 1st amendment, he has every right to call them out. There’s nothing defamatory here. And truth is always a bulletproof defense.
Comment by New Day Wednesday, Sep 14, 22 @ 11:08 am
“or why it’s being held at a public library”
Public libraries are places for communities to explore ideas and culture. As such, they are a great place for all kinds of discussions and events, controversial or not.
Comment by Techie Wednesday, Sep 14, 22 @ 11:10 am
Pretty notable that even Devore wouldn’t sign this himself. He’s gotta know there’s no defamation case here, and the demand that Casten remove something from the Daily Herald website is just goofy. These big babies dish it out for a living but can’t take it.
Comment by vern Wednesday, Sep 14, 22 @ 11:11 am
“Tom Devore, the Republican nominee for Attorney General in Illinois, was CC’d on the cease and desist.”
File the case guys. Don’t waste the postage sending your pathetic lawyer letters to people willing to meet you in that arena. Nobody with a law license and any brains/guts at all is afraid to mix it up with Tom DeVore.
If I was Casten I’d go absolutely scorched earth on Awake 24/7. Bullies only understand being hit.
Comment by Larry Bowa Jr. Wednesday, Sep 14, 22 @ 11:19 am
Grew up in D.G. Community reached a pretty healthy compromise having a private donor potentially cover minimal cost of hosting event rather than using public funding. Awake still continued to stir up the crazies. IL GOP needs to turn away from organizations like this rather than wink at them like Trump did with the Proud Boys. We see where that led. Lead with a heart or else enjoy one party rule in IL as people tune out your valid criticisms as well. Also people need to realize that free speech/association is for everyone, not just perspectives we agree with (as long as not inciting violence)
Comment by Middle Way Wednesday, Sep 14, 22 @ 11:26 am
This isn’t even written by a lawyer. It’s just some crazy people sending a letter about how their feelings are hurt, and then trying very hard, and badly, to use language they think lawyers would use.
I have framed C&D letters sent to me by people just like this hanging on my wall, because it never stops being a source of amusement for me.
Someone should probably explain the concept of ‘discovery’ to them. Or not.
Comment by TheInvisibleMan Wednesday, Sep 14, 22 @ 11:29 am
==He’s gotta know there’s no defamation case here==
Well he thought being called a grifter was defamation and he thought his girlfriend’s mother’s concern about his treatment of said girlfriend was defamation, so I wouldn’t be so sure.
Comment by Big Dipper Wednesday, Sep 14, 22 @ 11:32 am
=== Also, just as a matter of, ya know, the 1st amendment, he has every right to call them out. There’s nothing defamatory here. And truth is always a bulletproof defense. ===
With 1st Amendment comes responsibilities, and consequences with its use.
For example, Casten’s reply said:
“In July, Uprising Bakery in Lake in the Hills was attacked after it announced it was hosting a kid-friendly drag show. This occurred after Awake Illinois and Members of the Proud Boys’ Northern Illinois chapter promoted a protest of the event.”
Congressman Casten, who currently represents the Lake in the Hills area (Algonquin Township) until the end of his current term, attempted to link by inference Awake IL’s actions as causing the vandalism at the Lake in the Hills bakery on July 22-23.
Thus far, there is no proof linking the accused vandal with Awake IL and maybe at the trial, any influence of the Alsip resident from anyone will be exposed.
That said, the race between Congressman Casten and challenger Keith Pekau seems to indicate the IL-06 is the second most competitive U.S. House race in Illinois this fall, after the IL-17.
Credit Pekau for making a race out of the 6th Congressional District.
Comment by John Lopez Wednesday, Sep 14, 22 @ 11:36 am
“reached a pretty healthy compromise having a private donor potentially cover minimal cost of hosting event rather than using public funding”
Actually having outside groups (including well-meaning ones) use the influence of a donation to “encourage” a library to provide a particular program is a dangerous precedent. The DG library has a budget that includes money for teen programs and Librarian staff with master’s degree’s that select/create those programs. Keep it in the hands of the professional staff - rather than at the whim of donations.
Comment by Donnie Elgin Wednesday, Sep 14, 22 @ 11:38 am
“Weird Al” Yankovic - I’ll Sue Ya
Sums up Awake perfectly.
Comment by TheInvisibleMan Wednesday, Sep 14, 22 @ 11:44 am
Bravo Congressman, bravo.
Comment by Norseman Wednesday, Sep 14, 22 @ 11:45 am
That letter is a joke. Any serious letter of that nature would include the specific language the party considers defamatory. Is Rep. Casten supposed to guess? Much like the Casten response suggests, if they have a beef they should bring it to court (and get laughed out of the place).
Comment by Ron Burgundy Wednesday, Sep 14, 22 @ 12:25 pm
“Cease and desist calling us terrorists. Just because we are doesn’t mean we want to be associated with a label that we normally ascribe to brown people.”
-Awake Illinois, probably
Comment by Commissar Gritty Wednesday, Sep 14, 22 @ 12:43 pm
There’s also subtext to the letter’s reference to “common law” in case that struck anyone else as odd.
From the Southern Poverty Law Center’s article on the Sovereign Citizen’s Movement:
“The contemporary sovereign belief system is based on a decades-old conspiracy theory. Sovereigns believe that the American government set up by the founding fathers, under a common-law legal system, was secretly replaced. They think the replacement government swapped common law for admiralty law, which is the law of the sea and international commerce.”
Comment by Moe Berg Wednesday, Sep 14, 22 @ 1:06 pm
It is not defamatory to call hateful rhetoric and contempt toward other classes of people, hate speech. Most of what I read from people affiliating themselves with Awake IL is hateful, and evokes imagery of hate speech toward classes of citizens. It is thus ironic that haters do not want to be called haters.
But the true icing on the cake? They apparently want to a contract with DeVore, who is also a prolific hater. Just read his posts denouncing people who have a different view than himself. Or read about his recently revisited use of hate speech to describe children in his own community who have to think intentionally to make change at concession stands. Or read his thoughts on those who believe masks and vaccines are effective tools for reducing infections.
And then of course, there is the reality that DeVore initially took a million dollars from the membership of Awake IL, who in the end only got a one week reprieve from wearing masks. Now they suggest the want to hire the man who refers to himself as a grifter. I guess you really can’t make this stuff up.
Comment by H-W Wednesday, Sep 14, 22 @ 2:07 pm
On top of, well, everything, does Awake Illinois think they can make Casten force the Daily Herald to issue retractions or delete old stories? I guess you work with Proft and company long enough, and you get a warped view of how the independent media actually works.
Comment by 48th Ward Heel Wednesday, Sep 14, 22 @ 2:07 pm
= “Weird Al” Yankovic - I’ll Sue Ya=
One of my favorite Al originals. I wonder if anyone tried to file a lawsuit in Madison County that was as goofy as Al’s “reasons” (or lack of reasons in the case of Ben Affleck) in this song?
Comment by cover Wednesday, Sep 14, 22 @ 2:10 pm
Couldn’t help but notice that ‘group think’ comments from exclusively Far Left Liberals are posted, but nobody else. How predictably typical. Free Speech is welcome, as long as it’s from a simple single minded perspective.
Comment by Owen Marshall Wednesday, Sep 14, 22 @ 3:30 pm
==Couldn’t help but notice that ‘group think’ comments from exclusively Far Left Liberals are posted, but nobody else.==
First of all, stop being a victim. Second, your comment was posted. So you’re argument is crap.
Comment by Demoralized Wednesday, Sep 14, 22 @ 3:34 pm
Exposing young children to the vile abusive cirrculum immoral and indecent Democrats are fond of today, is no way to raise children. Do the right thing. Pull your kids out of public schools! Keep them away from the degenerate pedophilia warped and twisted Liberals are pushing. Vote them all out! Make Illinois Great Again!
[Note from Rich Miller: I approved this one to give the rest of y’all a little taste of the crazy crud posted in comments today that isn’t making it through the screens.]
Comment by Owen Marshall Wednesday, Sep 14, 22 @ 3:42 pm
Owen, if you think there was actionable defamation I’d love to hear your non-groupthink.
Comment by Big Dipper Wednesday, Sep 14, 22 @ 3:43 pm
===Free Speech is welcome===
This is not a public park. It’s a private business.
Comment by Rich Miller Wednesday, Sep 14, 22 @ 3:43 pm
-Marie Newman, who is the mother of a Trans daughter, would be the perfect candidate for this moment.-
Except for her personality and most other issues, sure.
Comment by Ron Burgundy Wednesday, Sep 14, 22 @ 4:12 pm
“attempted to link by inference”
Which criminal code is this a violation of?
In any defamation case, Awake is at worst a limited-purpose public figure. At best they are going to be defined as political figures, because many of them on this letter are or have recently run for public office.
The standard they have to overcome for defamation is far more than just ’someone said something bad about us’.
This is just a sad attempt by Awake to bully Casten and control what’s written about them. It’s not even written on a firms letterhead.
Comment by TheInvisibleMan Wednesday, Sep 14, 22 @ 4:17 pm
=Shannon Adcock
President, Awake IL
Josh McBroom
Vice President, Awake IL
=Exposing young children to the vile abusive cirrculum immoral and indecent Democrats are fond of today=
Evidence please. Because if we go off the Awake website, districts are not adopting the new standards for sex ed (which isn’t vile in any way.
Steve Lucie
Director, Awake IL
CC:
Attorney Thomas DeVore
Silverlake Law Group=
These ARE the experts in defamation. That is committing defamation. They are the same folks that like to call the governor and others groomers. They need to toughen up a bit.
Comment by JS Mill Wednesday, Sep 14, 22 @ 4:55 pm
-John Lopez- apparently your not following any of the National Daily polling numbers in this race. This isn’t even competitive it’s a point or so away from being called safe. Also the RNC has contributed only $5,000 to Pekau that’s right $5,000. Even they know this guy is not emotionally fit to serve in Congress. Furthermore if you did some background you would find that a civil case is still pending involving Pekau and bid rigging allegations involving his company before he became Mayor.
Comment by Old time Independent Wednesday, Sep 14, 22 @ 4:57 pm
=== -John Lopez- apparently your not following any of the National Daily polling numbers in this race. This isn’t even competitive it’s a point or so away from being called safe. ===
I pay attention to a lot of data and I know what it means. For Congressman Casten to be calling out his Republican opponent, publicly by name, is a sign the race is far closer than polls or the ratings are saying.
For example, Congresswoman Lauren Underwood and Congressman Bill Foster, do not call out their Republican challengers by name. Indeed, Foster, according to his Republican challenger, cancelled all joint appearances, candidate forums/debates.
Today, Keith Pekau launched his first TV advertising (broadcast or cable TV, unknown, sure Rich will cover it).
The day Casten and his campaign started calling-out Pekau by name early last month was the day all knew the IL-06 is closer than many believe.
Comment by John Lopez Wednesday, Sep 14, 22 @ 6:07 pm
==Pull your kids out of public schools! Keep them away from the degenerate pedophilia warped and twisted Liberals are pushing.==
I’m pretty sure the priest scandal happened in private schools.
Comment by Big Dipper Wednesday, Sep 14, 22 @ 6:27 pm
Aren’t the types of people affiliated with this “Awake” organization usually complaining about people that are “woke”???
Comment by Friendly Bob Adams Wednesday, Sep 14, 22 @ 7:15 pm