Ben refused to update his post at the time in dispute—the moment when the lawsuit threat was sent. That he was willing to update it after publishing false information, and remains willing to update it, is not material to that point.
I think “refusing update” in this context would usually be understood to be about updating the published post for some ongoing period of time, at least that’s how I understood it. But seems fine, I now understand the point you are trying to make.
(Also, just to clarify for other readers, the lawsuit threat and the evidence Spencer sent over were separate events with two different groups of people who I think weren’t aware of the messages the other group was sending. Indeed Spencer requested secrecy about him talking to Ben at all about this).
I think “refusing update” in this context would usually be understood to be about updating the published post for some ongoing period of time, at least that’s how I understood it. But seems fine, I now understand the point you are trying to make.
(Also, just to clarify for other readers, the lawsuit threat and the evidence Spencer sent over were separate events with two different groups of people who I think weren’t aware of the messages the other group was sending. Indeed Spencer requested secrecy about him talking to Ben at all about this).