He ordered us to “Cease and Desist”.
Start from the bottom. 🙂
Make this psychiatrist complaint form well-known: https://www.psychsearch.net/complaints/
“It is a simple and deadly formula. Less steps than baking a cake.”
From: Kendrick Moxon
Sent: Tuesday, September 6, 2016 1:52 PM
I represent PsychSearch.net, and am responding to your email objecting to the caricature of you and your business partner, Richard Abrams, posted on its site. The objection stated is that “You have posted a photo and a sketched likeness of me … without my permission. Because I am a private citizen and not a public figure you do not have the right to do this. Cease and desist your illegal display of the photo and likeness of me.”
You are mistaken. Your permission is not required. The cartoon is titled “The juice brothers” and contains a caricature drawing of ECT devices sold by your company flanking you and Abrams. The sign in the drawing says “$OMATIC$ L.L.C. Shockingly Great E.C.T. Machines.” Obviously the cartoon refers to the important issue of public concern regarding the use of the barbaric practice of shock treatment, the profit acquired by your company through the sales of such devices and that you have set up business in Florida. In that regard, you should be aware that “[S]peech on ‘matters of public concern’ … is ‘at the heart of the First Amendment’s protection.’ ” Dun & Bradstreet, Inc. v. Greenmoss Builders, Inc., 472 U.S. 749, 758–759 (1985). The First Amendment reflects “a profound national commitment to the principle that debate on public issues should be uninhibited, robust, and wide-open.” New York Times Co. v. Sullivan, 376 U.S. 254, 270 (1964). Accordingly, “speech on public issues occupies the highest rung of the hierarchy of First Amendment values, and is entitled to special protection.” Connick v. Myers, 461 U.S. 138, 145 (1983).
I could go on, but I will not. The cartoon and it’s publisher are entitled to “special protection” under the First Amendment and your threats are empty. There is nothing remotely illegal, much less tortious or inappropriate about this caricature of you and Abrams. There is accordingly no reason to take it down and it has returned to the site.
LAW OFFICE OF KENDRICK MOXON, PC
3500 West Olive Avenue, Suite 300
Burbank, CA 91505
This message and its attachments are sent from a law firm and may contain information that is confidential and protected by privilege from disclosure. If you are not the intended recipient, you are prohibited from printing, copying, forwarding or saving them. Please delete this message and notify the sender immediately.
From: PsychSearch [mailto:records@PsychSearch.net]
Sent: Saturday, September 3, 2016 7:46 PM
To: ‘Conrad Swartz’
Subject: RE: cease and desist illegal use of photo and likeness of me
Thank you for writing.
The cartoon of you is clearly free speech.
The photo of you was taken in public.
I believe there is nothing illegal about this.
Please provide the statute that prohibits publishing a photo taken in public.
I am contacting my attorney for his opinion. In the meantime, I have taken the post down until I hear back from him. https://www.psychsearch.net/conrad-swartz/
From: Conrad Swartz [mailto:firstname.lastname@example.org]
Sent: Saturday, September 3, 2016 7:00 PM
Subject: cease and desist illegal use of photo and likeness of me
You have posted a photo and a sketched likeness of me on:
without my permission. Because I am a private citizen and not
a public figure you do not have the right to do this. Cease and
desist your illegal display of the photo and likeness of me.
Yours very truly,
Conrad Swartz, Ph.D., M.D.