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Heartland Institute Threatens To Sue Anyone Who Comments On Leaked Documents

Layzej writes "Bloggers around the world have been commenting on recently leaked Heartland Institute documents that reveal their internal strategies to discredit climate science. These posters are now under threat of legal action. According to the Heartland Institute 'the individuals who have commented so far on these documents did not wait for Heartland to confirm or deny the authenticity of the documents. We believe their actions constitute civil and possibly criminal offenses for which we plan to pursue charges and collect payment for damages'"

23 of 517 comments (clear)

  1. Re:what does waiting have to do with anything? by SadButTrue · · Score: 5, Insightful

    They seem to be a bit confused about the authenticity of the documents:

    "Therefore, the authenticity of those documents has not been confirmed." (in bold none the less)
    then at the bottom:

    "How did this happen? The stolen documents were obtained by an unknown person who fraudulently assumed the identity of a Heartland board member and persuaded a staff member here to “re-send” board materials to a new email address."

    Err so they are your documents but you cannot confirm that they are your documents?

    --
    grape - the GNU free, open source rape
  2. Hypocrisy at its finest by JoshuaZ · · Score: 5, Insightful

    The most fascinating thing about this is the general hypocrisy involved. Whenever the whole "ClimateGate" matter occurred, Heartland was at the front of trumpeting the documents from that (which incidentally turned out to be utterly benign), with zero concern about the ethics of taking confidential documents from other people using hacking. Yet now, when the same thing happens to them, they use every bit of the legal system to go after not just the people who actually did do it but anyone who is then commenting or reproducing the documents. Really charming behavior.

    1. Re:Hypocrisy at its finest by MightyMartian · · Score: 5, Insightful

      I can't sort out what part of the legal system they plan on using. If you can find the leak, then certainly you can persue them criminally and civilly. Perhaps if it's being reproduced word for word on websites, then you can probably go for copyright infringement, though by now the document has spread to the four corners of the planet and it's far past the point when that's really a meaningful option. As to suing people that comment on the document, that's patently absurd. In most Western countries there are protections on that sort of speech. I guess you could try to claim libellous conduct, but by now tens of thousands of people have likely commented on it, and the idea that you can actually bring any fraction of them into court is highly unlikely, and that's not even talking about the odds of conviction (pretty low in the US, that's for sure).

      I've seen some pretty pathetic legal threats, but this more resembles the kind of nonsense I used to see on some Internet forums where some nasty little prick, when cornered, would make some vague legal threat. Might as well threaten that Jesus will come down and stomp on your balls.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
  3. Re:Under what pretense ? by MightyMartian · · Score: 5, Insightful

    I guess they're hoping that their opponents are as gullible as their supporters.

    --
    The world's burning. Moped Jesus spotted on I50. Details at 11.
  4. Gee, this was never a problem for "Climategate" by Anonymous Coward · · Score: 5, Insightful

    The Heartland Institute didn't find it necessary for following this protocol for commenting on leaked documents when it came to Climategate.

    1. Re:Gee, this was never a problem for "Climategate" by jo_ham · · Score: 5, Insightful

      That was my first thought exactly. One rule and set of ethics for them, another set for everyone else and any time the spotlight is on them it's "persecution".

      Shares a lot in common with the way religious fundamentalists operate, too. "You're oppressing my religious freedom by not allowing me to force my beliefs on others! That's unfair!"

  5. Re:what does waiting have to do with anything? by MisterMidi · · Score: 5, Insightful

    They claim at least one document has been faked (the climate strategy memo) and others may have been altered. If this is indeed the case, the documents aren't authentic.

  6. Re:what does waiting have to do with anything? by BasilBrush · · Score: 5, Insightful

    Of course they claim one is faked. It's so damaging to them they don't have any other means of defence other than to claim fake. We can expect them to say it's faked either way.

    Whether it actually is faked or not is another matter. There's no evidence one way or the other. But it being in a bundle with genuine documents does put the balance of probabilities on it also being genuine.

  7. Re:what does waiting have to do with anything? by Gideon+Wells · · Score: 5, Insightful

    The innocent have nothing to fear, yes, I know that.

    If they fear commenting on these documents to such a degree, I have to ask why, All they have to do is never confirm the documents (or wait a few months, on a Friday, at midnight). So there is an easy route of censorship there.

    Second, the whole climate change is bunk movement's claim is that politics is being played, and you can't trust the results saying it is happening. We have a memo here implying that politics might be being played, and research/motives to be questioned. Revealing this is grounds for being sued.

    Third, lawsuits potentially coming? Even ignoring the chilling effect, do we really need to reach that stage of escalation int his subject where every time someone speaks for one side the other side begins suing?

    They are all attacking the messengers and trying to cease the message. They have yet to put out anything to show these are false. Just silencing the people trying to talk about this.

    --
    by Anonymous Coward: I, for one, welcome the shift from car analogies to pizza analogies. um.. overlords?
  8. Re:what does waiting have to do with anything? by sed+quid+in+infernos · · Score: 5, Insightful

    "But it being in a bundle with genuine documents does put the balance of probabilities on it also being genuine." No, it doesn't. We know the person who obtained whatever genuine documents are there is dishonest and has an agenda.* How does the "balance of probabilities" say that this person didn't do something else dishonest to further his agenda? We have no knowledge on this point one way or the other.

    *I know some people say the same thing about the institute itself. Which is why I have no idea whether that document is fake or not.

  9. Re:reputation? you never HAD one, sorry by Moryath · · Score: 5, Insightful

    we plan to pursue charges and collect payment for damages, including damages to our reputation.

    Translation: we're going to sue everyone we possibly can, because the papers were correct, our position is publicly indefensible, and the only resource we have is lawyers and money to threaten people with like mafia leg-breakers.

    This from the same money-laundering front group (I call them this as they REFUSE to disclose their donor list) who commissioned bogus "studies" to try to claim cigarette smoke isn't dangerous.

  10. Re:what does waiting have to do with anything? by FirstOne · · Score: 5, Insightful

    The first thing a defendant's lawyer is going to do is subpoena a true copy of the originals. Then the cat will be out of the BAG for sure.

  11. Re:what does waiting have to do with anything? by Moryath · · Score: 5, Insightful

    The innocent have nothing to fear, yes, I know that.
    Actually, what the innocent still have to fear is HI acting like every other right wing shill group. They have two things on their side: money and lawyers. They can bankrupt an innocent person through the act of barratry and as a corrupt right wing shill group whose previous exploits involve funding faked studies to do things like claim cigarette smoke isn't dangerous, they've already shown that they have no moral compass stopping them from doing so.

    If they fear commenting on these documents to such a degree, I have to ask why,
    See above. If they get exposed so blatantly, they might have to fold. And the people writing for them might have to find real work rather than being right wing shills.

    Second, the whole climate change is bunk movement's claim is that politics is being played, and you can't trust the results saying it is happening. We have a memo here implying that politics might be being played, and research/motives to be questioned. Revealing this is grounds for being sued.

    Third, lawsuits potentially coming? Even ignoring the chilling effect, do we really need to reach that stage of escalation int his subject where every time someone speaks for one side the other side begins suing?

    They are all attacking the messengers and trying to cease the message. They have yet to put out anything to show these are false. Just silencing the people trying to talk about this.
    Right wing shillery RELIES on two things: the echo chamber and the chilling effect. Ever noticed how a Fox News viewer screams about the "liberal media" nonstop? It's because if they ever listened to both sides, they'd realize their side's argument is more full of holes than a loaf of aged swiss cheese.

  12. Re:what does waiting have to do with anything? by MobyDobie · · Score: 5, Insightful

    Sorry, that is really shitty, argument. The Protocols of the Elders of Zion probably included some accurate quotes from The Talmud. (mixed in with the faked stuff) The presence of any such quotes, wouldn't prove them genuine,

  13. Re:what does waiting have to do with anything? by SlippyToad · · Score: 5, Insightful

    No, the real evidence that this is all genuine stuff is how freaked-out and panicked this philistine think-tank is over the public revelation of their dishonest agenda.

    Fuck them.

    --
    One day I feel I'm ahead of the wheel / the next it's rolling over me / I can get back on / I can get back on
  14. No real evidence that they are forged. by Geoffrey.landis · · Score: 5, Insightful

    There is actually a pretty significant amount of evidence it's faked. ...

    No, what you listed is merely evidence that the pdfs were not all produced at the same time.

    This is interesting, but has no relevance to whether it's faked or not. There is no reason that real documents might not have been pdf'd at different times.

    ...The problem for Heartland is that they're acting like dicks toward a lot of people, when they should be upending heaven and hell to find the [putative] memo forger and crucifying him for libel.

    Which brings up an interesting question. When somebody broke into the CRU and published (what turned out to be a highly edited selection of) stolen e-mail, the response of "let's upend heaven and hell to find the thieves" did not seem to be high on anybody's priority list. So, apparently, it's only an important crime if you steal documents from people denying the science?

    --
    http://www.geoffreylandis.com
  15. Re:what does waiting have to do with anything? by M.+Baranczak · · Score: 5, Insightful

    You've got it exactly backwards. Remember the Dan Rather memo? When that came out, everybody was talking about the forgery, and nobody was talking about the rich frat boy who used his family connections to weasel out of military service.

    I hope the same thing doesn't happen here. The Heartlanders are doing real and lasting damage, the last thing we need is to give them more ammo.

  16. Re:what does waiting have to do with anything? by nadaou · · Score: 5, Insightful

    > We know the person who obtained whatever genuine documents
    > are there is dishonest and has an agenda.* ..
    > *I know some people say the same thing about the institute itself.

    "some people say"?? it's their entire reason for existence and they've never tried particularly hard to hide it!

    some people also say the pope is catholic.. there is a time for
    choosing your words carefully, and there are other times to call
    a spade a spade.

    --
    ~.~
    I'm a peripheral visionary.
  17. Re:what does waiting have to do with anything? by Anonymous Coward · · Score: 5, Insightful

    We know the person who obtained whatever genuine documents are there is dishonest and has an agenda.

    This statement, on it's own, impinges on the authenticity of every whistleblower, ever.

    Of course, for the aggrieved party, every person who betrays confidences is dishonest and has an agenda. It remains then, for the 3rd party observer, to determine if that evaluation holds up against the scrutiny of the agenda of the aggrieved.

    Frankly, "If it looks like a duck, and quacks like a duck, we have at least to consider the possibility that we have a small aquatic bird of the family anatidae on our hands."

  18. Re:what does waiting have to do with anything? by WrongSizeGlass · · Score: 5, Insightful

    So you're saying that if Heartland was willing to lie about science then they'd be willing to lie about lying about science? Very interesting ... </Artie Johnson>

  19. Re:what does waiting have to do with anything? by mbkennel · · Score: 5, Insightful

    "Turning everything into a massive conspiracy theory is not going to help you do this."

    One side promotes the idea that there has been a massive global conspiracy by scientists, across a number of disciplines and organizations, lasting over decades, to lie about a central scientific result in their field. There is no sensible organizational backing or motivation to this.

    Scientists try to "engage people" by doing as good science as they can and working hard over decades to produce consensus estimates of the best known status from high-quality experimental and theoretical research, and work to explain it in (highly educated) laymens' terms as well as they can.

    The other side yells that they're lying scumbags out to attack freedom.

    The other side promotes the idea that there is a small political conspiracy to gain by people who have previously been known to engage in political conspiracies of a a similar nature. There is a well known organizational consistency and economic motivation to this.

  20. Re:what does waiting have to do with anything? by AK+Marc · · Score: 5, Insightful

    Also note that they haven't said the document is not authentic. They just said that until they are sure what their liability is for either statement, they refuse to comment. They've never said they are false. They just threatened anyone who talks about them before they verify them, then refused to verify them.

  21. Re:Or perhaps they were leaked at different times by demonlapin · · Score: 5, Insightful

    The "strategy memo" is, from what I have read, dated on the afternoon before this was all released. I suppose your scenario might apply if it was dated even a few days earlier, but 3:41 pm Pacific is 5:41 pm Central - i.e., Heartland's offices would almost certainly have been closed. And that strategy memo, which is the one whose authenticity is most suspect, is also the one that makes the broadest, most vilifying claims (about preventing teachers from teaching science, or the megabucks from the Evil Kochs to trash talk global warming, or the journalists who are supposedly in their pockets). In at least one case - the Koch funding - it's clearly contradicted by the other documents, so if you want to be a responsible journalist you'd have to question your source's reliability when the document with the juiciest information isn't supported by anything else.