Patterson v. Cole [1]

Benjamin Cole, writer for SBCOutpost.com, a collaborative "Southern Baptist news & commentary" blog, received a cease and desist letter [2] from counsel representing Dr. Paige Patterson, president of Southwestern Baptist Theological Seminary. Cole had criticized Patterson in a blog post [3] for allegedly refusing to take an oath to "tell the truth, the whole truth, and nothing but the truth” at the beginning of his deposition in a lawsuit in which he is the defendant.

In the February 27, 2008 letter, Patterson's counsel asserted that Patterson didn't refuse to tell the truth but couldn't take the oath as presented. Instead, he writes, Patterson gave an affirmation to tell the "truth, whole truth and nothing but the truth." By failing to mention this affirmation, the letter argues, Cole's article conveys the false impression that Patterson refused to undertake to tell the truth.

Interestingly, Patterson's counsel wrote that Cole that he should not interpret the letter as a threat of legal action, since Patterson's legal convictions precluded him from suing a fellow Christian. He called on Cole not to refrain from making defamatory comments about Patterson in the future, and to "ask the Lord if a retraction is in order."

Cole sent a response letter [4] on March 5, 2008, asking to receive a copy of the transcript of the deposition, but otherwise refusing to retract his blog post.