To: Ms. Paula D. Ashe From: Mr. Alex S. Johnson CEO and Sole Proprietor, Nocturnicorn Books Date: July 3, 2025 Subject: Cease and Desist – Defamation, Slander, and Violations of Publishing Ethics
Dear Ms. Ashe,
This letter serves as a formal demand to immediately cease and desist from all defamatory and slanderous statements and actions directed toward me, Mr. Alex S. Johnson, and my company Nocturnicorn Books, as well as associated works including the Clive Barker tribute anthology.
It has come to my attention that you have made public allegations suggesting transphobic conduct on my part and misrepresented your behavior in interactions with my family, causing emotional distress to my elderly father. These actions constitute defamation under California Civil Code § 44, which defines defamation as false and unprivileged publications that injure a person’s reputation[^1]. Your statements may also qualify as defamation per se, given their nature and the harm caused[^2].
Additionally, your conduct may fall under intentional infliction of emotional distress, as outlined in California case law (e.g., Hughes v. Pair, 46 Cal.4th 1035), which requires extreme and outrageous conduct intended to cause, or recklessly causing, severe emotional distress[^3].
Furthermore, I must formally address your failure to acknowledge my contributions in commissioning and publishing your story, All The Hellish Cruelties of Heaven, which received both the Shirley Jackson Award and a Bram Stoker nomination for the collection in which it was included, We Are Here to Hurt Each Other, failing to cite me as the original publisher. Your omission is legally considered to be a form of plagiarism and disregards accepted publishing ethics, including those outlined by the Committee on Publication Ethics (COPE) and the Best Practice Guidelines on Publishing Ethics by Wiley[4][5].
I also note your unacknowledged involvement with Phantasmagoria Magazine, which I facilitated, and which contributed to your early career visibility.
Should you fail to cease and desist from further defamatory or slanderous behavior, and to correct the public record regarding your past collaboration with me and Nocturnicorn Books, I will pursue legal remedies without further notice. This may include public disclosure of pertinent facts and legal proceedings under California defamation law, and potential claims for breach of publishing ethics and reputational harm.
Sincerely, Alex S. Johnson CEO & Sole Proprietor Nocturnicorn Books
Footnotes
[^1]: California Civil Code § 44 defines defamation as “libel” and “slander,” encompassing false and unprivileged communications that harm reputation. [^2]: See Miserendino v. Cai, 2023 N.Y. Slip Op. 04031, where statements causing injury to profession or business were deemed defamatory per se. [^3]: Hughes v. Pair, 46 Cal.4th 1035 (2009), outlines the elements of intentional infliction of emotional distress under California law. [^4]: Committee on Publication Ethics (COPE) provides ethical standards for attribution, transparency, and responsible publishing. [^5]: Wiley’s Best Practice Guidelines on Publishing Ethics detail expectations for proper credit and ethical collaboration in scholarly publishing.
