Michael Mann Defamation Suit Against National Review Writer to Proceed
From Ars Technica comes this update in the defamation case filed by climate researcher Michael Mann against political commentator Mark Steyn of National Review magazine, who rhetorically compared Mann to Penn State coach Jerry Sandusky and accused him of publishing intentionally misleading research results.
"The defendants tried to get it dismissed under the District of Columbia's Strategic Lawsuit Against Public Participation (SLAPP) statute, which attempts to keep people from being silenced by frivolous lawsuits. The judge hearing the case denied the attempt and then promptly retired; Mann next amended his complaint, leading an appeals court to send the whole thing back to a new trial judge. Now the new judge has denied the SLAPP attempt yet again. In a decision released late last week (and hosted by defendant Mark Steyn), the judge recognizes that the comparison to a child molester is part of the "opinions and rhetorical hyperbole" that are protected speech when used against public figures like Mann. However, the accompanying accusations of fraud are not exempt:"
Hope Steyn, the lying sack of shit, gets hit with a massive fine.
That should teach others to defile our religion
It's about time the courts had a say about whether splicing 2 times series in the graph that is presented to the general public rises to the level of fraud. He did explain in the content of the paper that the hockey stick figure was not the actual claim, but the cover and the subsequent presentation to the general public made it look the hockey stick graph was supported by data. Is that fraud? That's is not a bad question to ask in a court room.
Any guest worker system is indistinguishable from indentured servitude.
Does persistent presentation of flawed mathematical techniques, alteration of data, and highly selective selection aided by ad hominem, conspiracy (climategate emails) and initimidation count as a reasonable suspicion of fraud?
It's okay to call someone a child molester but not a fraud or a thief?
WTF?
I do not fail; I succeed at finding out what does not work.
The statistical technique used is called Principle Component Analysis. Prof. Ian Jolliffe, of the University of Exeter, UK is the acknowledged world expert in this field.
And he is on record as saying that what Mann has done is 'rubbish'. Mann modified the technique to ensure that graphical analysis would suppress any variation in the bulk of the graph, while driving the final data high - a hockey-stick, in other words. Jolliffe could see no other reason for introducing this modification beyond producing hockey-stick output.
It is essentially this mathematical trick - this, and pre-selecting datasets, which drew the accusation of fraud. I assume that Jolliffe will be submitting evidence for Steyn's defence...
What has been done is quite clear. I cannot see the hockey-stick surviving this case, especially with the current warming pause...
...
who couldn't think worth a dyne,
he accused the one Mann,
who has Truth in his plan,
and we hope the court rules him a slime.
It's the best I can do on short notice - but there's not much else we can do as long as long as his advertisers keep making money.
So I'm really glad Mann is standing behind his work.
He is debating Steyn in court about whether he is a fraud. If Steyn can just prove he is a fraud, he wins, if not, he is in a lot of trouble.
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Got any links to denier sites that read like scientific discussions? I'd love to see them. Or just one.
http://climateaudit.org/multiproxy-pdfs/
http://climateaudit.org/multiproxy-pdfs/
...would seem the obvious site to google...
Fraud has a legal definition, and so does libel. Mann's research has been found to be scientifically accurate and no allegations of fraud have been found worthy of recognition in the academic community. Steyn's writing is purely political, and his assertions of fraud against Mann, being without merit, clearly show that the author's intent is to discredit Mann's presentation. Steyn clearly went beyond reason when he impuned Mann's character by comparing Mann's character to that of a sociopathic child abuser. My hope is that that Steyn and the National Review, it's editorial staff and publisher are all found guilty and whipped within an inch of their dubious credility using the pulpit of the court. They should be bludgeoned with its gavel for the failure to afford their readers a reasonable opinion or the benefit of moderating their overzealous attackdog, and they should be fined within the limits of the law so as to hold their action up in the light of its own outrageousness.
William F. Buckely went to his grave lamenting the current state of Conservatism and its discourse.
I've had my view on the whole climate change/global warming thing for a while. First up, I accept that temperatures have risen on average in recent times. The numbers are holding up to scrutiny, although very recent numbers may be suggesting we've hit a plateau, depending who you believe.
Where there doesn't seem to be a strong consensus is whether it's entirely man-made (I'm awaiting the flames to start on that commment...). We know Earth's climate has gone through cycles (medieval warm period, little ice age etc) before mankind was industrialised; are we sure this isn't happening now?
However - regardless of whether climate change is man made or natural, there's a hard fact that we're burning up fossil fuels (gas, oil, coal) far faster than it can be created in the ground. They're going to run out at some point, so we need to reduce our usage of them somehow. Add in the pollution argument and surely it would have to be a no-brainer to be trying to cut down our usage of fossil fuels? The exception seems to be those heavily tied in to the oil & gas companies who don't care about what happens 40 or 50 years down the line, they just care about their profits now.
If William F Buckley was in charge of the National Review, he would have slapped Steyn down himself instead of a court doing it soon for writing such rubbish.
FOIA requests are a lot easier to put off then discovery subpeonas.
I'm sure Steyn does not want to be sued, but defense against defamation include the statements in question being true.
So I'm also sure that Steyn et al are just drooling over the chance to go over all those documents that Mann has been hiding.
yeah, the "hockey stick" debunker guys. they don't really seem to refute much other climate science stuff, but the stuff they do, they certainly do scientifically.
I have no doubt that historical measurements of temperature, atmospheric CO2, etc are correct and not fraudulent. I also have no doubt the Mr. Steyn is vicious and misguided. Calling those whom you disagree with disparaging names although common in this forum (and perfectly legal) is basically a sign of immaturity and perhaps also a personality disorder. However, what little I know about complex non-linear systems makes be skeptical of predictions of future behavior. Firstly non-linear system simulations are sensitive to initial conditions, that is the starting year of the simulations can grossly affect predictions. Climate change skeptics rather dishonestly pick an unusually hot year to start their charts for that reason, nevertheless the underlying models may not be robust as one would prefer. Secondly the system may be mathematically chaotic so that a small change in an arbitrary parameter affect the model in a large way. In general I think we should be more humble is our beliefs in the ability to predict future climates. While anyone can say it will be colder in the summer and hotter in the winter who is bold enough to predict what the actual temperatures will be? Incidentally I have similar skepticism for those who predict distant future disasters on both the Left and the Right. Gore predicting no snow for our grand children is as ludicrous as Cruz predicting budget deficits will destroy the country.
If some journalist for Mother Jones got into legal trouble, I'm pretty sure they'd have his back. But the National Review just throws people aside when it's convenient. It would be one thing if what Steyn argued (that global warming is BS) wasn't conservative dogma, but it is. He pretty much just strongly worded their position.
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Before everyone gets all exited that the big bad Mark Steyn is getting nailed, this is really more about free speech. In the US (unlike mother England and some other European countries) political speech has pretty wide protections. The difference between libel/slander/defamation and sarcasm/hyperbole have generally weighed heavily in favor of free speech. Does anyone really want this to change?
The next time Debbie Wasserman Schultz calls Rush Limbaugh a liar, do you really want that to be a court case?
This isn't about whether the (very) widespread claims that current evidence supports 'global warming', it's about whether Mann committed scientific fraud.
For instance, George Bush's commander really did think of Bush the way a fake letter (put forth by CBS as real) said he did; presumably the faker was frustrated by his inability to get that fact in the news, so he resorted to fraud, no doubt thinking that the real truth made it morally OK. But he still committed fraud, and the news that the secretary who would have typed the letter if it were real, said it was the commander's opinion, even as she debunked the letter was quite lost in the scandal over the fraud.
So global warming could be real, and Mann still a fraud, or it could be all a huge mistake by thousands of scientists, and Mann NOT a fraud, simply in possession of data that was mistaken or didn't mean what he thought.
Steyn is no doubt happy about the trial, because it will give him grounds to subpoena great heaps of Mann's work, looking for the same thing that the climategate E-mail thieves looked for: any kind of out-of-context quote they can find that they cam drum up into a "scandal" - a fraudulent one, of course...
Mann's research has been found to be scientifically accurate by an investigative team appointed by the same University President who could not be bothered to investigate allegations of child molestation against Sandusky, a University President who had a vested interest in Mann's research being found to be scientifically accurate to the tune of several million dollars in research grants.
The truth is that all men having power ought to be mistrusted. James Madison
Found scientifically accurate by the University of Pennsylvania. Where he teaches and which receives the income from the funding to his climate research. Which by coincidence or not is the same university involved in the Jerry Sandusky trial. That's the joke BTW.
Insurance companies are now doing their long-term projections based on the truth of AGW, and their profits depend on those projections.
I don't care what you think of Mann, but you'd be a complete idiot to bet against the insurance industry.
Captcha: vulgarly
Before everybody gets too heated up about who said what when, it might pay to read the post that precipitated this law suit.
http://www.openmarket.org/2012/07/13/the-other-scandal-in-unhappy-valley/ Then we can start arguing whether its going to be worth discussing
However.....
*Two inappropriate sentences that originally appeared in this post have been removed by the editor.
But some of the comments are illuminating.
Cheerful Charlie
National Review had it's lawyers defending Steyn, until at least a public attack by Steyn against the case's judge embarrassed them.
So they quit the case and are talking about dropping the National Review as a client.
While I don't expect you to really be bothered by such things as facts, you might be surprised to learn that the University of Pennsylvania is different and distinct from Pennsylvania State University, the university where Jerry Sandusky committed his crimes.
How come Slashdot never gets Slashdotted?
William F. Buckley may have never agreed with Mark Steyn's style. But I hardly would believe that he would agree with you that "the National Review, it's editorial staff and publisher are all found guilty and whipped within an inch of their dubious credility". The National Review was and is his crowning achievment. Really, do you think that for one minute Michael Mann was really injured by anything that Mark Steyn said? Or do you think that a die-hard liberal is using this opportunity to take a legal shot at people he views as his enemy? Even more than current state of Conservatism and its discourse, William F. Buckley went to his grave lamenting the current state of the legal system and how it is currently used as a tool to silence political discussion.
What I'm imagining is something like the face-melting scene in "Raiders of the Lost Ark."
Funny, Slashdotters usually swing pretty libertarian, at least when they agree with the cause. But based on the comments, once something they hold sacred is attacked they suddenly get quite pedantic about what exact speech is protected and what qualifies as defamation. The argument suddenly becomes an AGW debate not a free speech debate.
Actually, it was Pennsylvania State University that found Mann's research to be scientifically accurate, not the University of Pennsylvania (although you were correct that it was the University where he teaches and that receives income from the funding of his climate research. The interesting thing is that the person who put together the group to investigate him was the President of Pennsylvania State University, the same President who put together the group which initially "investigated" the allegations of sexual misconduct against Sandusky (that found no reason to contact the police about those allegations, even though the law clearly required them to do so).
The truth is that all men having power ought to be mistrusted. James Madison
I love how liberals love to adopt conservatives long after they are dead. Liberals tried to destroy William F. Buckley many times throughout his illustrious career and failed miserably. After death, they comment on how they "respected" the man and his opinions. What a joke. I really don't care about your opinions but liberals utter lack of honesty or just plain ignorance about the history of their own movement is what makes me heave vomitously the most.
Steyn, one of Canada's worst exports, along with Bieber of course. Is he defaming white people now?
I remember in his salad days at Macleans magazine, he used to stick to contemptuous generalizations about minority groups like Muslims and Tamils.
He moved to the U.S when he realized that his brand of libelous, fact free venom pays more down south.
"Railroaded"? For "outing a CIA newspaper reading bureaucrat"?
Here, this is from Wikipedia:
The only one who believes Black was "railroaded", is his good buddy and pederast, Mark Steyn.
You are welcome on my lawn.
It seems that Michael Mann spends half of his time suing people for defaming him, and the other half defaming others on Twitter.
h/t Judith Curry
In times of universal deceit, telling the truth gets you modded -1 Troll
These things are rarely resolved in court. Rather they are a test of wills. You'll have two sides dicking with each other until one or the other gets tired or fed up enough to give up.
Its like those long drawn out divorce cases. Who is right and who is wrong? The courts don't care. It just rolls along until one side or the other makes a mistake the courts care about or shows any lack of resolve... and then that side collapses.
If both sides are equally unwilling to compromise... take the Apple VS Samsung issue... then get used to that case going on... FOREVER.
These things are pointless.
I've decided to stop wasting my time responding to AC trolls/sockpuppets... so if you want a response from me... login.
As I recall, the raw data was also released to the scientific community and competing peers also agreed with the conclusions from the data.
Unless you're going to suggest that it's some big conspiracy where all climate scientists are in on it?
Here are 3 videos, Mr. McIntyre's dissection of the hijinks of climate academics, given at the 4th Int'l Conference on Climate Change. 1/3, 2/3, 3/3 , merely academics' bias or more ?
Calling someone fraudulent is defamation, but calling someone a pedophile is protected speech?
okay, well I don't have a horse in this race, but if its a Penn State president that assigned the team, I guess I don't get why this particular president would have a vested interest in supporting research that would get UPenn more money?
I mean, you do see how your second comment completely contradicts your argument in your first comment?
And really, the same logic--"this person did this in this situation so they would do this in all situations"--would be easily applicable to all research and education at Penn State... "Well, he signed Sandusky's paychecks, and he signed 20,000 students' diplomas, therefor 20,000 students are mayyyybe fucking children in the showers."
I hate to be crass, but your logic is relllly crass here, Attila, and made worse by people moderating it up.
What is missing is the proxy data from post 1980. Mann used proxy data for temperatures up until 1980, at which point he switched to using thermometer readings. He has, as far as I have been able to locate, never released the data that would allow a comparison of his proxy data to thermometer readings (that is, what the proxy readings would have shown since 1980). My recollection is that you are mistaken and Mann has never released his raw data, but I was unable to confirm or deny that understanding in the amount of time I was willing to spend looking.
The truth is that all men having power ought to be mistrusted. James Madison
Geocentrism was before science: and was known to be wrong 3000 or more years ago.
Phlogiston was before science and when chemistry took off as opposed to alchemy, they discovered phogliston was "negative mass" and therefore discerned that burning wasn't phlogiston.
Ether was early science and had NEVER been seen, only inferred as a result of Maxwell's equations. And it was less than 20 years later that it was shown not to exist at all.
Climate science, of which the INEVITABLE result of human fossil fuel burning is AGW, has withstood 200 years, the first 120-ish were "AGW will not be a problem". Your denialism is the aether/phlogiston/geocentrism of science.
Are you referring to that un-funny joke that played out in Canada?
Get thee glass eyes, and, like a scurvy politician, seem to see things thou dost not.--King Lear
For the same reason 97+% are in agreement that the earth revolves around the sun: the evidence.
So therefore your claims are disproven in the absolute.
Texaco offered a bag of money for a science team to create a paper disproving AGW. There's a shitload of money in denial. Just as Pat Michaels. Or Chris Monckton.
Very informative site. I'm an electrical engineer major tho. You may need some help if your rusty on lab type stuff. I'm sure you can get help if you need it. Very dry unless you are really want to know what posts here were made by what type of person and how many of them there are. :)
Basics with in depth quotes regarding emails and graphs that people haven't actually read or viewed data for.
http://www.justfacts.com/globalwarming.basics.asp
http://www.justfacts.com/globalwarming.asp
Welcome to Slashdot, haruchai, where posting simple truths brings out the deniers, to silence you.
There is so much research, investment and interest in getting rid of oil and coal, its inevitable that oil and coal will not last that much longer. There are more alternatives every day.
But oil companies have some money to lobby with. It would make sense that they would spend on some PR agents to propagate their ideals and objectives into the public conscience.
Follow the money. Who stands to gain by climate-denialists crazy arguments? Oil and coal. Auto companies perhaps, but not so much. They already power cars from many other sources, even if it costs more. But oil and coal companies stand to simply die if too many people switch to other power sources.
Who is funding the climate-deniers? Oil and coal. Where are the climate deniers concentrated? Oil and coal states. Who are the politicians that go along with climate-denier positions? Politicians from oil and coal states.
And this crazy argument that there is some "lobby" who "finances" and "creates false science" to "profit from global warming"? Who, the scientists lobby? We wish scientists had political power. Everything they say basically falls on deaf ears. What, the battery makers lobby? The electric car lobby?
There is no large green corporation, or group of companies, there is no central profit center. Power can be generated in an infinity of ways, and many, many of them are more efficient, cost less, and are (gasp!) cleaner than oil and coal, in many ways. They haven't quite gotten enough traction yet to completely replace oil, coal, and gas, largely due to lobby, PR scams, and protectionism of the oil lobby. Still, it seems inevitable.
If anyone really likes oil power so much, tell them to buy a generator, and power the house with oil. See the absurd noise, maintenance and costs. Quickly come to the - quite common sense - conclusion that oil power is not so great.
Which is likely to be the interest of the population in non-oil-and-coal-power - common sense. Not some imaginary "green lobby", a fictitious invention of the oil corporate lobby.
Oil and coal is not only affecting weather. It's making air unbreathable in many cities. Its not infinite. Many nations don't have enough and are vulnerable by depending on imports too much, like China and US. Europe is also dependent on Russian gas imports.
Militaries around the world don't like being vulnerable on supply lines for energy and gas, any group generating their own power is far more autonomous. The same argument goes for industry, commerce, transportation, cities, remote locations, and pretty much anyone.
Car and truck transportation are being questioned for many reasons - global warming, air pollution, noise pollution, traffic, safety, costs, raw inefficiency, and urban planning. Each of these arguments have their own, huge, groups of supporters.
If there is an environmental lobby, it appears to be most of the population, pretty much.
The surprising part is how much the world politicians have bent over for oil, gas and coal monopolies.
Build your own energy sources from scratch. http://otherpower.com/
Would it make sense to be energy-independent, produce your own power? Of course - it's an expense, a supply headache, and a risk factor.
How can you generate your own power? Oil-dependent generators are not cost efficient. Coal is large investment. Extract your own oil and refine it? Insanely complex and costly. Nuclear is impossible, politically tough.
The reason we are dependent on oil and coal is because corporations profit from it, they can monopolize it.
If you're a nation or corporation, you can think of safe nuclear, like thorium-based nuclear power.
Otherwise, to generate power yourself, you're likely to end up looking at the wind, hydro, sun, waves, or something else you can get yourself for zero cost, simply because you can do it.
Build your own energy sources from scratch. http://otherpower.com/
The PhD who is being attacked and now counter attacking seems to be aware of this and yet proceeding anyway.
Be afraid cultist. Be very afraid.
Rand isn't coming to save your lies...and neither is John Galt.
Mann is a scientist. Steyn is a guest host for Limbaugh. Steyn is a typical GW denier. No facts, just character assassination. Quoting others with facts taken out of content or focused on tiny details that have no basis in fact. If he works for the Heartland Institute then anything he says will be a distortion of facts.
For those with an open mind, consider auditing this MIT course on climate http://web.mit.edu/newsoffice/...
SLAPPstick Farce by Mark Steyn January 25, 2014 http://www.steynonline.com/601...
"Meanwhile, in the same period [the two-year anti-SLAPP hearing], Dr. Mann has been brandishing his hockey stick out on the campaign trail against Republican candidates. In Virginia, he appeared in the Democrats' attack ads against Ken Cuccinelli, and helped get Clinton's bagman Terry McAuliffe elected governor. When his candidate Mark Herring also prevailed over the GOP in the attorney general's race, Mann crowed and published tweets from his acolytes congratulating him on "two fresh notches on your hockey stick."
Global warming is apparently not a bipartisan research effort, but more of a Democratic National Committee sponsored science project which initially was given National coverage by Al Gore.
Sorry, but to say someone is a sack of shit, in a review is punishable? But to produce a hockey stick, that blames man (not mann) by manipulating data is not? Talk about tortured logic. So, carbon must be eliminated? You are carbon along with a few other things, is that justified because mann says so? Plants that are food and shelter, and the byproducts are carbon, must we eliminate them also? I'm against pollution, not against life on this planet, but for a respectful every man has a purpose, type guy. Why like things that kill for the sense of a few dollars, stein crime does not even come close to the crime of Mann. To advocate erroneously for a cause, that will not help man, but hinders proper development of our resources, that help mankind.
Because of that, I say, get rid of mann, he cheated, bullied others to follow him, to collect our tax dollars, for his propaganda. That climate science has to take into account, what it says, after all, after releasing a statement about evils of living on a coastline, that all coastlines will be undersea, in 20 years, some then millionaire, in climate science, bought a shoreside on the ocean, home, and remodeled. Did he talk someone else out of that property, or did he lie, to get the property.
Some one fought e-mail releases under "freedom/right to know" laws. Still doing it, but someone snuck in and got the e-mails, and published them, opps, they proved fraud. Many people read them, on the internet, And they refer to the process of review, not on the truth of the article, but yeah, you write well, but scare the yockels more,...and refered to programs and illustrations that were approved of. But wrong, adjusted, inflated. Overgeneralized eliminating periods that were warmer and colder creating false projections, In other words, they lied on our dime. and no one was punished for the lies. and those people are still in charge, the ones that say carbon is bad....but we are carbon...
But the "scientific" journals, say you have to have a publishable idea, and reject anything that is anti GW. So how does the idea get published, if you are not allowed to publish? There is no contrary opinion, if it is not published?
If it was published? Such as a recent article on cycles and systems, in physics? The publisher accepted the article, and then refused to publish after blocking because of AGW position. So now all cycles, are out in physics? Good news for earth. Back to flat earth again.That orbiting sun, is just crazy dissapearing under the earth...
Even the ancient greeks knew better.
As Bill Clinton would say, it depends on what you mean by "torture"
Great, now when I torture my brother or torture my dog or torture a terrorist I can now be charged as a fraud too? And if you accuse me of torture I can now sue you for defamation!
I wonder how many little kids are going to be hauled into court for torturing their brothers and sisters!
The actual source code is this, from briffa_Sep98_d.pro http://wattsupwiththat.com/200... [wattsupwiththat.com] - you can decide for yourself whether this is "torture" or not, and whether this particular debate should be squelched:
Climate scientists are often accused of using misleading, uncorrected data : typically a blogger or forum reader writes that temperature datasets are invalid because of urban island heat effects, for one thing. But what actually happens is scientists discard such invalid data or apply a correction to it, when such effects are known. Enters "climategate" where a climate scientist uses corrected data not raw data, and he's reviled for doing so. Yes the correction is "artificial" and the published results are just an estimate, and it's just one piece of work that may make sense in a limited context and may be superseded by later, more accurate works.. because that's the nature of the work that could be done.
Really, random bloggers and lobbyists can chastise scientists for not using raw data in all times and contexts, but that shouldn't matter : the idea is nuts. Other times, the same people complain that the raw data is slanted. So which is it?
Mann did not release any data because he did own any of it, he received data that was made available to him under a NDA, the data was collected by other scientists doing their own research and so didn't want the data made public until they had finished their own work, that data has since been released to the public by the owners of the data.
I'm sitting in the central Midwest where it's currently 10F degrees and has been below zero many times this winter. Would everyone please start your car and just let it idle... for a month, start a bunch of foreset fires, tickle some volcanos into erupting, light Saudi Arabia's oil wells on fire. Let's kick this AGW party into overdrive, I'm freezing. This 0.5C degree rise per century just ain't cut'n it.
And how do you become a famous scientist for conforming to the scientific consensus? Name one famous scientist whose only accomplishment was confirming what the scientific consensus already was.
Without showing that light can be bent by gravity, Einstein would have just been some schmuck we've never heard of. He gained a hell of a lot from his fame after that work. His rewards were by no means posthumous. Same with Darwin, whose fame was achieved from his chronicling of his voyages in which he developed evolutionary theory. Galileo was only persecuted because the "scientific consensus" of the time was a religious one, making his work blasphemous. It's in no way similar to what a scientist would experience today.
The reason science moves forward at all, and I think you can agree with me that it has, is because scientists challenge the scientific consensus. In fact, even an experiment which aims to prove that the scientific consensus is correct is a challenge because it exposes weaknesses in the standard model when the experiment fails to produce the expected results. See, for example, The Michelson-Morely Experiment.
The best thing about UDP jokes is I don't care if you get them or not