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Michael E. Mann Sues For Defamation Over Comparison To Jerry Sandusky
eldavojohn writes "The global warming debate has left much to be desired in the realm of logic and rationale. One particular researcher, Michael E. Mann, has been repeatedly attacked for his now infamous (and peer reviewed/independently verified) hockey stick graph. It has come to the point where he is now suing for defamation over being compared to convicted serial child molester Jerry Sandusky. Articles hosted by defendants and written by defendant Rand Simberg and defendant Mark Steyn utilize questionable logic for implicating Michael E. Mann alongside Jerry Sandusky with the original piece, concluding, 'Michael Mann, like Joe Paterno, was a rock star in the context of Penn State University, bringing in millions in research funding. The same university president who resigned in the wake of the Sandusky scandal was also the president when Mann was being (whitewashed) investigated. We saw what the university administration was willing to do to cover up heinous crimes, and even let them continue, rather than expose them. Should we suppose, in light of what we now know, they would do any less to hide academic and scientific misconduct, with so much at stake?' Additionally, sentences were stylized to blend the two people together: 'He has molested and tortured data in the service of politicized science that could have dire economic consequences for the nation and planet.' One of the defendants admits to removing 'a sentence or two' of questionable wording. Still, as a public figure, Michael E. Mann has an uphill battle to prove defamation in court."
As someone who has been on both sides as both an author and reviewer of scientific papers, "peer reviewed" doen't not mean something is automatically correct, simply that it is worthy of publication. It's closer to saying it's plausible, and should be out there for the scientific community to discuss. Correctness is more judged by reproducability over a timescale of decades, but even that is not definative.
Science is a lot more messy that a lot of people would like to believe...
Also, discovery should be ... interesting.
-- Two men say they're Jesus. One of them must be wrong. - Dire Straits
It sounds like their argument is that the Penn State administration has a tendency to cover-up embarrassing stuff and protect their own.
The Penn State Hershey Medical Center brings in over a billion dollars a year in revenue to Penn State. The same university president who resigned in the wake of the Sandusky scandal also presided over said medical center with obvious financial interests that were easily orders of magnitudes higher than the football program. When will we re-investigate all of their malpractice suits? When will we bring their alleged (just now) organ trafficking ring from China to justice? Should we suppose, in light of what we now know, they would do any less to hide treatment and medical misconduct, with so much at stake?
My work here is dung.
"Any intentional false communication, either written or spoken, that harms a person's reputation; decreases the respect, regard, or confidence in which a person is held; or induces disparaging, hostile, or disagreeable opinions or feelings against a person." From: http://legal-dictionary.thefreedictionary.com/Defamation+of+character
It really is a slimy piece of shit move to compare someone to Sandusky because they were at Penn under the same umbrella. This definitely harms his reputation and if you believe it then certainly you will have disagreeable opinions and feelings towards him. He's a scientist who interpreted data in a controversial way that is argued among academics, he certainly didn't rape innocent children in the showers.
The reason Mann has fought all of that discovery is because he's standing up for other scientists. The discovery is not after anything relevant to anything. What's relevant is his published work.
The reason he's fought it is that a scientists work should be judged by the science they produce, the published results of their work, not some gotcha quote mining of working papers and communications with peers.
The reason he fights it is clearer to me. It's the same reason why, if a law enforcement officer showed up at my house and demanded to rifle through all of my blongings looking for anything that might be illegal I would tell him to go pound sand. Not because I'm guilty, not because I hate the police but because he has no right to without a warrant! Furthermore, if 90% of people in our society allowed this and it became expected or, worse yet, legal then you would have effectively forfeited your right to privacy.
Scientists are human beings that work long hours at their jobs. Demanding the publication of everything is a bit dehumanizing and Mann is correct to fight it lest other scientists find themselves under the same expectations after it has been established as the norm. I think it will be acceptable to release it during the discovery phase of a case like this but it should not be given up lightly.
This is a clear attempt to intimidate and repress scientists and researchers.
My work here is dung.
It's the same reason why, if a law enforcement officer showed up at my house and demanded to rifle through all of my blongings looking for anything that might be illegal I would tell him to go pound sand. Not because I'm guilty, not because I hate the police but because he has no right to without a warrant!
Dr. Mann and his university accept public funds from the federal government and that subjects him to FOIA requests. And frankly, I see nothing wrong with examining relevant email communications from Dr. Mann on that basis. If he doesn't like it, then he can always refuse federal funding for his research projects.
It is against the moderation rules to mod somebody down even if they REALLY ARE wrong.
Bullshit. The negative moderation options exist for a reason. Use them where appropriate. When someone makes an empirical claim that clearly and absurdly wrong, especially one which remediable with a couple minutes of research, this is a troll by definition.
brandelf -t FreeBSD
Are you serious? You want e-mails when most projects in medicine and physics that are federally funded don't even release their raw data?! Why aren't you clamoring for the DNA and raw collider data that has been built with your taxpaying dollars? Or should they just refuse federal funding as well?
Maybe this is off-topic, but I (and many others) believe that publicly funded research should be freely available to the public.
Required reading for internet skeptics
That complaint is a good summary of this dispute. For Mann to win a libel case, he has to show that they wrote things that were false and defamatory, and (since he's a public figure) that they published it with knowledge that it was false or with disregard of whether it was false. It's libelous to accuse somebody of "fraud" or "deception." It's libelous to accuse someone of practicing his profession incompetently. Libel law protects opinions, as opposed to fact, but I think they've crossed the line. I think a jury could decide that they've met that test.
This isn't William Buckley's National Review. I'm familiar with right-wing crackpots from reading the Wall Street Journal comments pages. One of their problems is that they don't particularly concern themselves with facts. They don't even seem to understand what a fact is, or what the difference is between a fact and an opinon. They think that if somebody disagrees with them, he's a "liar." You see people calling Obama a "socialist," a "Kenyan," etc. These are words without meaning. It's like football hooligans screaming insults at Manchester United. Chris Mooney has written about this in his books and articles starting with "The Republican War on Science." I've often reflected on how much of it was actually libelous, if anybody bothered to sue. Now somebody did bother to sue.
Rand Simberg, as quoted starting in paragraph 26 of the complaint, said that Mann was "behaving in a most unscientific manner", "engaging in data manipulation", is hiding "academic and scientific misconduct." In paragraph 28, he called Mann's hockey-stick curve "deceptions" "in the service of politicized science." Steyn called Mann "the man behind the fraudulent climate-change 'hockey-stick' graph."
In paragraph 31, the complaint says that "their allegations of misconduct and data manipulation were false and were clearly made with the knowledge that they were false." If they can convince the jury of that, they've won the case.
In paragraph 32, the complaint says that Rich Lowry, the editor of NRO, said that Mann's research was "intellectually bogus."
In paragraph 35, the complaint says that the statements "are defamatory per se and tend to injure Dr. Mann in his profession because they falsely impute to Dr. Mann academic corruption, fraud, and deceit as well as the commission of a criminal offense, in a manner injurous tot he reputation and esteem of Dr. Mann professionally, locally, nationally, and globally."
The delicious irony is that in a libel suit, both sides have to disclose huge amounts of documents relating to the case in discovery. Mann's emails were already exposed. Now Simberg and Steyn's correspondence will probably be exposed. If they were taking money from the energy industry, that will be exposed. They'll get the same treatment Mann did.