[UT] Do you have to remove a social media post after receiving a demand letter alleging defamation?

Lexi, Chatbot

I understand that receiving a demand for removal can be concerning. Can you please provide more details about the context of this demand?

Lexi, Chatbot

Have you already responded to the attorney's email, or are you seeking guidance on how to proceed?

Lexi, Chatbot

Is there anything else the lawyer should know before I connect you? Rest assured they'll be able to help with your demand for removal.

Legal Eagle

Hello, I'm Legal Eagle. I'm an attorney who works in your area of law and I'll help you sort this out today. I've read what you shared, so let's go over what's happening and what your best next steps look like. You mentioned receiving a demand for removal regarding an Instagram account where you shared your story. Is that correct?

Legal Eagle

Could you let me know which state you're in? This can help me understand the legal context better.

Legal Eagle

Thanks for sharing that. Have you received any formal legal documents or just the email from the attorney?

Legal Eagle

I understand! So you're just wondering what it is you can do here, correct?

Legal Eagle

Ok! I've been working on an answer while we've been chatting, so it'll just be a moment.

Legal Eagle

Thank you for chatting with me on this. The short answer is that an email from an opposing attorney is not a court order, and you have no legal obligation to remove your Instagram account based on a demand letter alone. Your posts about personal experiences of abuse are protected speech under the First Amendment, and the attorney's deadline of May 6th carries no legal force unless a court issues an order. You should seek counsel in Utah, since that is where you live and where any enforcement action would need to reach you.

That's the short answer. Here is the long answer:

A cease and desist or demand letter is a negotiation tool, not a legal ruling. You are not required to comply with it or respond by any deadline the opposing attorney sets. If your posts are truthful accounts of your own experience, they fall under protected speech. Truth is an absolute defense to defamation claims in every U.S. jurisdiction. Texas has a strong anti-SLAPP statute, known as the Texas Citizens Participation Act (TX Civ Prac & Rem Code § 27.001-011), and Utah has one as well (UT Code § 78B-6-1401), both of which allow courts to dismiss meritless lawsuits filed to silence protected speech and can award attorney fees to the person being targeted. If the ex partner were to file a lawsuit in Texas, you could challenge personal jurisdiction since you are a Utah resident with no relevant contacts in Texas for this matter. Courts assessing whether they can exercise jurisdiction over an out-of-state defendant generally apply the "minimum contacts" test established in International Shoe Co. v. Washington, 326 U.S. 310 (1945).

Here is what you can do legally, step by step:

Do not delete any posts, messages, or screenshots related to your account or the attorney's email. Preserve everything as it exists right now, including the full email header showing who sent the demand and when. This protects your position if litigation ever follows.

Seek a Utah attorney who handles First Amendment or defamation defense matters. Utah is the correct state because you reside there, and any action against you would need to establish jurisdiction over you. You can find one through the Utah State Bar's lawyer referral service. When you contact counsel, forward the attorney's email so they can evaluate the specific language and respond on your behalf before May 6th if you choose to respond at all.

If the opposing attorney's email contains threats, harassment, or misrepresentations of the law, your attorney can report that conduct to the State Bar of Texas. Attorneys are bound by professional conduct rules, and using demand letters as a bullying tactic can violate those standards.

As a practical tip, screenshot every version of your Instagram posts with timestamps now, and save the attorney's email as a PDF. If your account is ever removed by the platform or by mistake, you will still have a record of exactly what you posted and when. This keeps the evidence in your hands regardless of what happens next.

Does that help clarify things? I want to make sure I didn't leave anything out.

Legal Eagle

I hear you! In a civil defamation case, the standard of proof is "preponderance of the evidence," meaning you only need to show your statements are more likely true than not. Your therapist's records, friend testimony, and any texts, photos, or messages from that time period all count as admissible evidence in court. Your therapist's session notes carry strong weight because they were created for treatment and not litigation. Text messages, emails, photos, and direct messages between you and your ex are documentary evidence a judge will consider. Friends who witnessed the abuse or heard about it at the time can testify under oath, and the closer their knowledge is to when events happened, the more persuasive it becomes.

Legal Eagle

I understand how stressful that must feel. Remember, a demand letter is just a threat until they actually file a lawsuit. If they do decide to move forward, you'll have the opportunity to present your side in court. It's crucial to gather all your evidence, like your therapist's notes and any communications with your ex, to support your truth. Also, having a local attorney in Utah will be invaluable. They can help you respond appropriately and prepare for any legal action. Don't feel pressured to act hastily. Take your time to consult with a lawyer who can guide you through this process. Does that help ease your mind a bit?

Legal Eagle

Sure thing! Attorney fees for defending a defamation case in Utah typically range from $5,000 to $15,000 for an early anti-SLAPP motion, and $25,000 to $100,000 or more if it goes to trial. Most defamation cases never reach trial because they settle, get dismissed on motions, or the plaintiff drops the claim once they realize the burden of proof and cost involved. If your evidence of truth is strong, a judge can dismiss the case early through an anti-SLAPP motion and order your ex to pay your attorney fees.

Legal Eagle

I hope I was able to help resolve your issue! If you have any other questions, feel free to ask.

Legal Eagle

If you're having trouble finding a local attorney through the Utah Bar, you might try using online legal directories like Avvo or Martindale-Hubbell, which can help you find attorneys by practice area and location. Regarding the attorney from Ohio, it's possible they are involved because the internet can create jurisdictional complexities. However, since you reside in Utah, it's generally best to have a local attorney who understands Utah's laws and can represent you in any local proceedings. You can consult with an attorney outside of Utah, but they would need to be licensed to practice in Utah or work with a local attorney if the case proceeds there. It's important to have someone familiar with the local court system. If you need more help finding a lawyer, let me know, and I can suggest more resources!