Judge: Michael Mann's Defamation Lawsuit Against Right-Wing Bloggers Will Proceed

[hatrack]

A defamation lawsuit filed by a high-profile climate scientist will be allowed to proceed, an appeals court ruled on Thursday. The case is being brought by Michael Mann of Pennsylvania State University, who is perhaps best known for helping develop the famous “hockey stick” graph used to illustrate global warming. Mann is suing two bloggers who accused him of scientific and academic misconduct in 2012. On Thursday, the D.C. Court of Appeals unanimously ruled that Mann has the right to proceed with the lawsuit.

“Dr. Mann has supplied sufficient evidence for a reasonable jury to find, by a preponderance of the evidence, that statements in the articles written by Mr. Simberg and Mr. Steyn were false, defamatory, and published by appellants to third parties, and, by clear and convincing evidence, that appellants did so with actual malice,” wrote Senior Judge Vanessa Ruiz in the court’s opinion.

The decision suggests that, even as the climate-skeptical Trump administration comes into office, a high profile lawsuit could be underway in Washington, D.C., that also partly turns on the evidence for, and against, climate change.

EDIT

“Tarnishing the personal integrity and reputation of a scientist important to one side may be a tactic to gain advantage in a no-holds-barred debate over global warming,” wrote Senior Judge Vanessa Ruiz in the court’s opinion. “That the challenged statements were made as part of such debate provides important context and requires careful parsing in light of constitutional standards. But if the statements assert or imply false facts that defame the individual, they do not find shelter under the First Amendment simply because they are embedded in a larger policy debate.” This distinction has been pointed out by other climate scientists following the case as well. In a series of tweets on Thursday, NASA climatologist Gavin Schmidt called the ruling “nuanced” and “well argued.”

EDIT

https://climatecrocks.com/2016/12/24/big-win-for-climate-scientist/#comments

[mountain grammy]

1. I just subscribed to the CSLDF

and will become a regular donor. This is important.

I'm rearranging our budget to support more organizations that might give my grandchildren a fighting chance for a future.

[Roy Rolling]

2. A violation of libel law

But don't hold your breath for the "patriots" to yell "lock 'em(slanderers) up."

[SunSeeker]

3. This is exactly the sort of case libel laws were designed for.

As opposed to lawsuits brought by public figures, like the Trumps' current lawsuits and threatened lawsuits againsts journalists reporting charges people are making againsts them.

[Crepuscular]

4. ...

Mann is likely to lose this case, should he prevail is could have a chilling impact on curtailing first amendment rights and freedom of the press. The underlying legal issues in this case have nothing to do with climate science, they have to do with the first amendment and whether the press has the right to offer opinions concerning the actions of public figures.

[JudyM]

5. And even if he won it'd likely be overturned by what is soon to become a RW-stacked judicial system.

[Gothmog]

6. I hope that Prof. Mann wins a large verdict