By Cyd Zeigler

An attorney for Atlanta Falcons fullback Ovie Mughelli has sent cease-and-desist letters to some Web sites that have published the allegations of a man who claims to have had a sexual relationship with Mughelli.

Outsports has obtained a copy of the letter sent to Mediaoutrage.com by Phaedra Parks, an Atlanta-based attorney specializing in entertainment and sports.:

“Your blog is replete with defamatory statements as it relates to Mr. Mughelli,” the letter says. “If you do not cease and desist immediately, we will have no alternative but to seek an immediate permanent injunction and sue you for damages for defamation and false light.

“Under the law, you and your company are liable for defamatory and false statements. You and your company have continuously published and/or posted stories and/or comments that allege that Mr. Mughelli is a homosexual and is or was involved in a homosexual affair with a man. As you are aware, making libelous and defamatory statements are punishable by law and subject to monetary damages and punitive relief. Accordingly, in an action for defamation, Mr. Mughelli is not required to show that you posted the story and/or comments with a malicious intent. The fact that you posted this story and these comments at all is sufficient to subject you to liability and civil damages.”

Cynthia Counts, an Atlanta-based First Amendment lawyer who also represents Outsports, questioned Parks’ legal claim.

“Ms. Parks fails to acknowledge that Mr. Mughelli is a public figure who would be required to show actual malice,” Counts said. “In fact, as a public figure, Mr. Mughelli would have to prove not only that the statement is false, but also that the publisher either knew its statements were false or had a subjective awareness of the probable falsity of the statements.”

From www.outsports.com

Photos from www.teendiariesonline.com

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