A Change in the Legal Climate

“Ugly stuff. Accusations of scientific fraud, lies, cover-ups and then comparisons with some of the most horrific crimes imaginable. Because of the prominence of his research in climate change science, similar - though rarely so caustic - attacks had been leveled at Mann for years by skeptics. But circumstances had changed. Not only had the two writers gone further than most by creating an equivalence between Mann and an infamous child molester, but they appear to have done so at the worst possible time.

For months before those articles, Mann and other climatologists had been speaking among themselves about the need to start fighting back against the attacks on their work and their character. The science is on their side, they argue, and by not responding aggressively against the skeptics, they have allowed the discussion to become derailed. And if critics have slandered or libeled them, they shouldn't stand for it.”

A Change in the Legal Climate

By Kurt Eichenwald / January 30, 2014 / http://mag.newsweek.com/2014/01/31/change-legal-climate.html

For years, the tiresome back-and-forth has played on like a broken record. Scientists announce new data showing that the global climate is warming, creating potentially devastating changes in the world. Skeptics attack, proclaiming the researchers are lying as part of a conspiracy to gin up research funding. The climatologists respond, calling the detractors anti-science deniers who push their claims at the behest of fossil-fuel companies that stand to lose the most if the research is accepted as fact. And round and round it goes, with no end in sight.

That is, until maybe now, with the spinning potentially coming to a stop in the most unlikely of places - a Federal district court in Washington, D.C. There, a little-noticed lawsuit filed by one of the world's preeminent climatologists against a premiere conservative publication and a conservative think tank is moving forward, and both sides - absent dismissal or settlement - will have to put up or shut up.

The suit filed by Michael Mann, director of the Earth System Science Center at Pennsylvania State University, claims that the National Review and the Competitive Enterprise Institute (CEI) libeled him in a pair of articles in which they stated he had manipulated climate data and that the fraud had been covered up by his employer, which said its investigation concluded he had done nothing wrong. To make the point, the CEI writer, Rand Simberg, drew a comparison between Penn State's handling of abuse allegations against Jerry Sandusky - the university's longtime assistant football coach convicted as a child molester - and its review of Mann's work.

"Mann could be said to be the Jerry Sandusky of climate science, except that instead of molesting children, he has molested and tortured data," Simberg wrote in the article Mann says is libelous.

Mark Steyn, a writer with National Review Online, wrote about the Simberg article and tossed in his own thoughts. While at first openly shying away from the Sandusky metaphor, Steyn called some of Mann's most prominent work "fraudulent" - a graph of historical temperatures showing rapid rises in modern times, which is widely known as the "hockey stick." Then Steyn returned to the references to the child molester.

"Graham Spanier, the Penn State president forced to resign over Sandusky, was the same [person] who investigated Mann," Steyn wrote. "And, as with Sandusky...the college declined to find one of its star names guilty of any wrongdoing." He went on to say that the investigation "was a joke."

Ugly stuff. Accusations of scientific fraud, lies, cover-ups and then comparisons with some of the most horrific crimes imaginable. Because of the prominence of his research in climate change science, similar - though rarely so caustic - attacks had been leveled at Mann for years by skeptics. But circumstances had changed. Not only had the two writers gone further than most by creating an equivalence between Mann and an infamous child molester, but they appear to have done so at the worst possible time.

For months before those articles, Mann and other climatologists had been speaking among themselves about the need to start fighting back against the attacks on their work and their character. The science is on their side, they argue, and by not responding aggressively against the skeptics, they have allowed the discussion to become derailed. And if critics have slandered or libeled them, they shouldn't stand for it.

"If we don't step up to the plate, we leave a vacuum [for] those with an ax to grind," Mann says, while cautioning that he would not specifically address the lawsuit. Mann has no doubt some critics are advancing their positions honestly, but he believes that responding to bad-faith attacks on climatologists and their work is "a call to arms to our fellow scientists. We should not apologize for trying to inform that discussion."

Before filing his suit, Mann told both CEI and National Review that he would take action if they didn't remove the offending statements and apologize. While CEI edited some of the more aggressive words out of Simberg's online piece, National Review practically sneered. In a piece headlined "Get Lost," the magazine's editor, Rich Lowry, dismissed Mann's warning, labeled any litigation as nothing more than a nuisance and all but invited the climatologist to sue by declaring the magazine would use the discovery process to investigate and write about him. Lowry also asked readers to contribute money to help finance any legal battle.