
Damn this is getting good.
Briefly, on how this case got started, from a post at Climate Progress:
The kick-off for the lawsuit was actually a piece written by Rand Simberg at the Competitive Enterprise Institute (CEI), which referred to Mann as “the Jerry Sandusky of climate science” because he “molested and tortured data in the service of politicized science.” The editors eventually removed the offending sentences, but not before Mark Steyn picked them up at National Review’s online blog. Steyn said he wasn’t sure he’d have “extended that metaphor all the way into the locker-room showers with quite the zeal Mr Simberg does, but he has a point.” He then went on to call Mann’s work on the famous “hockey stick” graph “fraudulent.” So Mann sued Simberg, Steyn, CEI and National Review for defamation.
Also see Rabett Run: Mann vs Steyn Lurches Forward.
–Accusing a scientist of conducting his research fraudulently is a factual allegation that can be proven true or false, not mere hyperbolic opinionating. If it is false it is defamatory, and if it is made with actual malice it is actionable. So said DC Superior Court Frederick Weisberg in tossing out motions by defendants National Review et al. to dismiss Prof. Michael Mann’s defamation complaint — thus moving the case a step toward discovery proceedings and a jury trial.
The matter before the court in this latest step of the thus-far procedurally rather tangled case was on the separate special motions of defendants Mark Steyn and National Review, Inc. and of defendants Competitive Enterprise Institute and Rand Simberg to dismiss Michael Mann’s amended defamation complaint. On January 22 DC Superior Court Judge Weisberg denied defendants’ motions to dismiss under the DC Anti-SLAPP Act and on one other ground.
The judge’s ruling, and specifically what he says in his order, looks good for Prof. Mann’s position. Here’s a bit of what Judge Weisberg said:
Opinions and rhetorical hyperbole are protected speech under the First Amendment. Arguably, several of defendants’ statements fall into these protected categories. Some of defendants’ statements, however, contain what could reasonably be understood as assertions of fact. Accusing a scientist of conducting his research fraudulently, manipulating his data to achieve a predetermined or political outcome, or purposefully distorting the scientific truth are factual allegations. They go to the heart of scientific integrity. They can be proven true or false. If false, they are defamatory. If made with actual malice, they are actionable. Viewing the allegations of the amended complaint in the light most favorable to the plaintiff, a reasonable finder of fact is likely to find in favor of the plaintiff on each of Counts I-VI, including the Intentional Infliction of Emotional Distress alleged in Count VI as to both sets of defendants.
So much for the argument that what Simberg and Steyn were doing was mere opinionating, mere rhetorical flourishes. Judge Weisberg appears to slam dunk that position. It’s against the law to accuse someone, with malice, of scientific fraud, if the accusation won’t stand up in court (and not just to the satisfaction of the defendants and their support subculture).
Weisberg continued –










