What to Do If a Public Figure Threatens to Sue You in Michigan

There’s nothing that rattles a reporter quite like a letter from a lawyer with bolded words like “DEFAMATION” and “IMMEDIATE LEGAL ACTION.” But if you’re exposing corruption, abuse of power, or misconduct, threats like these are often meant to scare you into silence, not stand up in court.

Here’s how to stay calm, strategic, and legally protected when a public figure comes after you.

1. Understand What “Defamation” Really Means

Most legal threats against journalists are defamation claims; but the bar is high, especially for public figures. Under New York Times v. Sullivan (1964), public officials and public figures must prove “actual malice”, meaning you either knew your statements were false or acted with reckless disregard for the truth.

In Michigan, truth is an absolute defense. Opinion, parody, and fair comment on public matters are protected. And reporting based on credible sources, even if later shown to be incorrect, is often shielded if done in good faith. Though the laws aren’t as strong as they should be, there are still some protections.

In short: criticism is not defamation. Being angry with you or butt hurt is not grounds for a lawsuit.

2. Don’t Panic — and Don’t Respond Emotionally

Public figures want you to panic. They want you to self-censor, retract, or apologize without ever stepping foot in court. Don’t take the bait.

• Do not respond directly. Forward the letter to your attorney.
•  Do not delete anything. Preserve all notes, drafts, emails, and source materials.
• Do not post about the threat online. Public commentary can be twisted against you.

3. Document Everything — and Lock Down Your Evidence

The strongest defense is thorough reporting. Keep meticulous records of:

• Interview notes, recordings, and correspondence with sources
• Public records, documents, and data you relied on
• Editorial decision logs, fact-checking notes, and publication drafts

This not only demonstrates due diligence, it also positions you to countersue if the public figure crosses or has crossed into defamation against you.

4. Call Their Bluff — Strategically

Most threats from powerful figures are SLAPP suits (Strategic Lawsuits Against Public Participation). Michigan’s anti-SLAPP protections are weak, but you still have leverage.

• Ask for specifics. Vague accusations like “this is defamatory” are meaningless.
• Hold them to their burden. They must prove falsity and damages.
• Respond through counsel. A lawyer’s letter often ends the conversation.

5. Double Down on Responsible Reporting

Use the threat as an opportunity to audit your work:

• Are all claims based on verifiable facts or credible sources?
• Are opinions clearly labeled as opinions?
• Are quotes accurate and contextualized?

If you find a mistake, correct it transparently and promptly. Corrections don’t admit liability; they strengthen your credibility and weaken their case.

6. Shift the Narrative — Don’t Retreat

When power tries to silence you, the best response is more sunlight. Consider reporting on the intimidation itself, documenting the attempt to weaponize the legal system against public interest journalism. Done carefully and with legal guidance, this can expose patterns of abuse.

7. What Not to Do If a Public Figure Threatens to Sue

This is where many journalists, especially newer or independent ones, slip up. Avoid these common mistakes:

• Apologizing prematurely. It can be interpreted as an admission of guilt.
• Deleting or altering posts. It looks like you’re hiding evidence.
• Engaging them online. Social media arguments create more liability.
• Assuming you’re wrong. Threats are often bluffs; don’t retreat without legal review.
• Ignoring it completely. Always consult an attorney, even if the claim seems absurd.

There are also organizations that will help you with free legal consultation and depending on the circumstances, representation.

Truth Is Your Best Armor

If you’re telling the truth, documenting your work, and reporting on matters of public concern, you’re standing on solid First Amendment ground. Public figures know this, which is why they often weaponize legal threats to intimidate, not litigate.

Journalism exists to hold power accountable. If the powerful are threatening you, you’re probably doing something right.

Quick Checklist: When a Public Figure Threatens to Sue

• ✅ Don’t panic or respond directly
• ✅ Preserve every scrap of reporting material
• ✅ Consult an attorney and route communication through them
• ✅ Demand specifics and hold them to the burden of proof
• ✅ Correct errors promptly if they exist
• ✅ Use the moment to highlight the importance of your reporting

Additional Reading

• New York Times Co. v. Sullivan, 376 U.S. 254 (1964)
• Michigan Defamation Law, M.C.L. § 600.2911
• Reporters Committee for Freedom of the Press. (2023). First Amendment Handbook
• PEN America. (2024). Defamation Defense Guide for Journalists