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ALLAN ZELNICK OF COUNSEL ALVIN FROSS | At First Avenue & 48th Street New York, N.Y. 10017 (212) TELEPHONE: 813-5900 | MARTIN B. SCHWIMMER NADINE H. PARKER JAMES D. SILBERSTEIN ANDREW N. FREDBECK GEORGES NAHITCHEVANSKY ROSE AUSLANDER MICHAEL J. BLUM PATRICK T. PERKINS DIANE MARCOVICI PLAUT RAPHAEL WINICK J. ALLISON STRICKLAND GREGORY P. GULIA MARY F. LEHENY CRAIG S. MENDE MICHELLE P. FOXMAN ROBERT A. BECKER DAVID A. COHEN RONALD E. WIGGINS MONIQUE TRUONG |
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Mr. Sam Sloan
1320 Bushwick Avenue
Brooklyn, N.Y. 11207
We are counsel for Miss America, Nicole Johnson, as well as for the Miss America Organization. It has come to our clients' attention that you have published a defamatory statement about Miss Johnson on your web site www.anusha.com/missvirg.htm, namely that she is "[t]he representative of a criminal gang which engages in international terrorism." Your statement is false, injures the reputation of not only Miss Johnson, but also of the Miss America Organization, and exposes both of our clients to hatred, contempt and ridicule while also damaging their goodwill. Your conduct is clearly violative of both New Jersey and Virginia's defamation laws, and subjects you to liability for both compensatory and punitive damages.
That Miss Johnson is a public figure does not insulate you from liability, as you have published your statement with malice and knowledge of its falsity, thus precluding your reliance on the public figure defense.
In view of the above, on behalf or our clients, we demand that you retract your statement from your web site and publish an immediate apology. In order to comply with the applicable state statutes, your retraction must be a full and unequivocal statement and an honest endeavor to repair the wrong done by your conduct.
We ask that you confirm by March 8, 1999 that you will comply with this request and provide us with the text of your retraction and apology for our approval. If we have not heard from your by March 8, 1999, we will be forced to consider taking further appropriate action. It is my hope that we can resolve this matter quickly and amicably.
This letter is written without waiver of any of our client's rights or remedies which are expressly reserved.
Barbara A. Solomon
cc: Michelle P. Foxman, Esq.
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