Don’t Make It Worse: Three Self-Inflicted Mistakes

The fastest way to lose leverage in a defamation case is to “explain yourself” the wrong way.

When someone is sued for defamation, the instinct is predictable: respond, clarify, defend your reputation, and “fix” whatever sparked the dispute.

That instinct is also how defendants convert manageable cases into expensive ones.

Defamation cases turn on a narrow set of issues—what was said, in what context, to whom, and with what impact. The three mistakes below don’t just irritate judges; they change the record and hand plaintiffs new exhibits, new theories, and new leverage.

Mistake #1: Talking (Publicly or Privately) Without a Strategy

Most defendants think the danger is only what they say online. In reality, plaintiffs use everything—public posts, texts, emails, DMs, voicemails—as evidence of intent, knowledge, and credibility.

Why it hurts

Unplanned communications can:

• Create admissions (even if you didn’t mean them that way)

• Invite new claims (harassment, interference, retaliation)

• Expand the scope of discovery

• Turn a clean early motion into a fact dispute

And “private” is often not private. Messages get forwarded. Screenshots happen. Threads become exhibits.

What to do instead

• Say less, earlier. Limit communication to counsel when possible.

• If you must communicate (business necessity), keep it neutral and logistical.

• Avoid debating facts, motives, or damages in writing.

Rule of thumb: if you’d regret reading it out loud in a courtroom, don’t send it.

Mistake #2: Deleting, Editing, or “Cleaning Up” Content

People delete posts because they want to reduce harm. Courts may interpret deletion as consciousness of wrongdoing or, worse, spoliation (destruction of evidence).

Even if your intent was innocent, the optics are terrible: the plaintiff claims harm; the defendant removes the primary evidence.

Why it hurts

Changing content can:

• Trigger spoliation arguments

• Undermine credibility (“Why did you delete it if it was true?”)

• Complicate authentication (what exactly was published when?)

• Make early dismissal harder by creating factual disputes about what existed

Edits are especially dangerous because they can look like “backfilling” once litigation begins.

What to do instead

• Preserve first. Screenshot, save URLs, export where possible.

• Leave the content alone until counsel advises the next step.

• If counsel recommends removal for risk management, do it deliberately and in a way that preserves the record (not impulsively).

Key point: preservation and strategy come before reputation management.

Mistake #3: Doubling Down—Retaliatory Posts, Subtweets, and “Final Statements”

A common pattern: after the complaint is filed, the defendant posts a “final word,” a thread explaining “what really happened,” or a retaliation aimed at the plaintiff.

This is the fastest way to hand the plaintiff:

• a second defamation claim,

• a stronger damages narrative,

• and an argument that the case needs broad discovery.

Why it hurts

Retaliatory posting can:

• Create fresh statements that are easier to sue on (because they are new and well-documented)

• Support claims of malice, harassment, or intent

• Increase damages exposure by amplifying the dispute

• Make settlement harder by hardening positions and raising stakes

It also creates a litigation dynamic judges dislike: the lawsuit becomes fuel for more speech about the lawsuit.

What to do instead

• Adopt a “litigation posture”: calm, disciplined, and quiet.

• If business needs require a statement, use a single neutral sentence vetted by counsel (e.g., “We dispute the allegations and will address them in court.”).

• Don’t name, mock, or “hint” at the plaintiff.

Practical reality: the urge to “win the internet” is usually incompatible with winning the case.

The Principle Behind All Three Mistakes

Defamation cases are document cases. The moment suit is filed (or expected), your job is to stop generating new documents that can be used against you.

Courts decide early motions based on what’s in the record.

A disciplined defendant keeps the record clean.

What to Do in the First 24 Hours

If you’re served with a complaint or a demand letter:

1. Preserve evidence (screenshots, URLs, context, timeline, see our other blog regarding this link.

2. Stop public commentary.

3. Route communications through counsel.

4. Avoid edits, deletions, and retaliatory posts.

Attorney Austin Warehime