is this extortion re: biography of famous historian deceased some years ago

[bobearl]

What is the name of your state? NY

recently I wrote a letter to a university complaining about continuing and repeated vicious attacks on a book I published,(a biography of a famous historian and a graduate of this university many years ago and deceased some years ago) by a known friend of the university. These repeated and unrelenting attacks on my book have upset me greatly -- so much so that I had to be hospitalized recently. Normally a reviewer reviews a book ONCE -- not over and over and over.
But have I commited extortion? Letter is below...
--------------------------------
I hope [name or person omitted] of [name of university omitted] has had fun with his vicious and sadistic attacks on my book...name of book omitted...

But now it is my turn. When I interviewed X's colleagues at ...name of school omitted.. and his opponents elsewhere I heard some VERY lurid stories about his dalliances with students and other faculty. However, when I wrote my book I decided not to include this material as [name omitted] was still alive and I had no reason to embarass him in this way.

Now however, because of [name of person omitted] vicious and REPEATED assaults on me, I am thinking very seriously of revising my biography and republishing it...Then I WILL include this material. Additionally I will make a YouTube video adding all the material I mention above. The latter is very easy to do of course, taking at most about ten minutes and with YouTube's new editing features, about 45 seconds.

Now you can forestall all of this in one of two ways: either you can get [name of close friend of university omitted] to RETRACT and APOLOGIZE in PRINT for his wholly uncalled for assaults on me -- or you can mention my book PROMINENTLY as a recommended reading about [name of subject of biography omitted]. I would prefer the former, but I will accept the latter as compensation. I don't think this is a very big demand.

I abhor having to go into the gutter like this, but [name of offending person omitted] has left me no choice. If he thinks my book is slime and belongs in a 'National Enquirer' book club, then I won't hesitate to disappoint him.

Now please understand that I don't begrudge a reviewer the right to give an honest opinion of a book. [name of another reviewer omitted] e.g. also reviewed by book poorly -- but he did it only ONCE -- which is fair enough. [name of offending person omitted], as I say, has not only done so REPEATEDLY but insinuated that my book belongs in the cesspool.

I will wait until summer's end before taking any of the actions I mentioned above.



P.S. Just for the record, please note that my book also had numerous very excellent reviews: here are just a few: [reviews omitted for now, but will add them if it seems relevant]





.What is the name of your state? NYWhat is the name of your state?

 

[outonbail]

Who exactly, did you send this letter to?

 

[outonbail]

I'll assume, that you wrote to the regents of the university you are referring to.

I'll guess, that it will have no effect on them whatsoever,,, well, maybe they'll have a good laugh, but I can't see them getting too worked up over it.

But to answer your question, I don't think your letter falls under the definition of extortion.
Your not trying to force money or property from anyone. If the information you have on this mystery person is true and you can prove it to be true, then it is probably no big secret to begin with. Lets face it, it's already out there,,,, you found it right?

In fact, I would think that as for as publishing an accurate biography, you should have included the bad right along with the good in the original publication. Maybe this is why the critic gives your book a poor review?
It only stands to reason, that by omitting true facts and/or not including the details of certain acts, or actions taken by someone, because you consider them to be unflattering, wouldn't provide a very accurate documentation of those events and/or the actual participation of the person you're writing a biography on now would it?

But don't take this as legal advise, it's simply my opinion.

So, just for fun, lets see if I'm understanding what your post is hoping to accomplish here.

You're claiming you can go back and add these truths to your book (thereby providing readers with a more accurate description of the person and events he had an influential hand in) but you believe that doing so will result in negative publicity, or have some sort of negative impact on the University.
As long as exposing the historical truth in your biography will be received as a threat and instill such fear in the regents of the university, why not capitalize on the opportunity and slap the face of that critic who has been harassing you, all at the same time..
So you believe you can gain the support of the regents, who will gladly promote your book for you, in exchange for your promise to keep the truth out of it. Is this correct?

If so, I don't think you really have anyone by the balls,,,, but,,,, as the old saying goes, if the truth hurts, I say give them a good squeezing and see what develops!

 

[bobearl]

Well that helps set my mind at ease a bit, thanks. Actually I wrote it not to the regents of the university, but to the director of the Linus & Ava Helen Pauling collection at the university (so I guess 'regents' is close to correct) Certainly the Pauling shenaningans I referred to are not widely known but I guess it could well be out there...probably known among some of the old guard still alive at Caltech (where Pauling worked for forty years), so you're probably right.
It's pretty clear I think that the reason for the bad review was that the reviewer, my personal demon and an old friend and disciple of Pauling, didn't think I included enough of Pauling's science in the book. I tend to doubt he knew of Pauling's more lurid antics, though yes it is possible.

But yes your comments about giving them a good squeeze pretty much sums up what I was about LOL

More seriously, I gather that you don't think I've much to fear from an extortion charge....hope I'm correct.

Thanks very much

 

[CavemanLawyer]

Doesn't quite fit the definition of extortion since you are not depriving anyone of any property, but that does not mean that what you are doing isn't a crime. In fact, your letter seems much more like coercion than extortion.

§ 135.60 Coercion in the second degree.
A person is guilty of coercion in the second degree when he compels or
induces a person to engage in conduct which the latter has a legal right
to abstain from engaging in, or to abstain from engaging in conduct in
which he has a legal right to engage, by means of instilling in him a
fear that, if the demand is not complied with, the actor or another
will:
1. Cause physical injury to a person; or
2. Cause damage to property; or
3. Engage in other conduct constituting a crime; or
4. Accuse some person of a crime or cause criminal charges to be
instituted against him; or
5. Expose a secret or publicize an asserted fact, whether true or
false, tending to subject some person to hatred, contempt or ridicule;

People have every right to give your book a bad review. If they commit libel in doing so than your remedy is to sue them and seek an injunction and damages. It doesn't sound like this person even committed libel. He just repeatedly wrote bad reviews which, at most, were done for personal reasons. This does not give you the right to threaten this person, or a related entity, to force them to print a retraction or in the alternative endorse your book. That is most definitely a criminal act. It is also incredibly immature.

Now the university might have chosen the wrong statute under which to threaten a complaint, but if they forward your letter to the DA's office they will know coercion when they see it.