Posts Tagged ‘libel slander and defamation’

Scientist sues colleagues over renewables claims

“Stanford University professor Mark Jacobson, whose research argues the U.S. power grid could run exclusively on renewable energy by 2050, is taking his critics to court. Jacobson filed a $10 million libel lawsuit in September against Chris Clack, a mathematician and chief executive of Vibrant Clean Energy, and the National Academy of Sciences, after the Academy published an article by Clack and 20 co-authors criticizing the 2015 study. The co-authors are not named in the suit.” [Lindsay Marchello/Reason, Keith Pickering/Daily Kos, Robert Bryce/NRO] Here’s Jonathan Adler:

…Some of the arguments made in the complaint are a bit bizarre. For instance, Jacobson claims the NAS violated its conflict-of-interest disclosure policies by failing to note that some of the contributors to the Clack, et al., paper are “advocates” for various policy positions. Yet Jacobson’s own paper doesn’t list his own policy advocacy as a potential conflict of interest either.

The idea that academic researchers should turn to court when their work is criticized or contradicted by other researchers is a pernicious one, challenging the sort of robust inquiry upon which scientific research and the discovery of knowledge require. It is absolutely essential that researchers are free to posit hypotheses and subject others’ hypotheses to critique. This inevitably entails not just questioning other researchers’ conclusions, but also pointing out potential errors and mistakes. Of course it’s true that strong critiques of one’s academic work may have an effect on one’s academic reputation, but that goes with the territory. The same goes for making erroneous allegations against other researchers. If the fear of such reputational harms is compounded by the threat of litigation, academic inquiry will be chilled as researchers become more reluctant to point out the problems in each others’ work….

Like Michael Mann’s long-running defamation suit, this complaint appears to be little more than an effort to use a legal club to stifle robust critique and debate. (In that regard, it should be no surprise that Jacobson’s suit was filed in the same venue.)

Free speech roundup

  • Florida “health coach” charges for nutrition advice, isn’t a licensed dietitian. Does she have a First Amendment defense? [Scott Shackford]
  • Results of Russian social-media manipulation episode could include foot in door for regulation of Internet speech [John Samples, Cato]
  • Some in Australia having trouble distinguishing “impersonation” of government from anti-government satire [Timothy Geigner, TechDirt]
  • Before deep-pocket publications can report on sexual misconduct by persons in high places, gauntlet of legal review needs to be run with special attention to on-the-record sources [Mike Masnick, TechDirt]
  • Ohio lawmaker introduces anti-SLAPP bill that pioneers novel protections for anonymous speakers [John Samples, Cato]
  • “Nadine Strossen’s Next Book — ‘Hate: Why We Should Resist it With Free Speech, Not Censorship'” [Ronald K.L. Collins] “Sanford Ungar Heads New Free Speech Project at Georgetown University” [same]

Watch: videos from Cato conference, The Future of the First Amendment

Watch: videos now online from last month’s Cato conference, The Future of the First Amendment. I talk religious freedom on a panel with Robin Fretwell Wilson of the University of Illinois Law School and John M. Barry, author of Roger Williams and the Creation of the American Soul:

Eugene Volokh gives a keynote speech on the “revolution in remedies” that is changing libel and privacy law, which “ties in with technological change” in the nature of media, over a period in which there has been virtually no change in the substantive doctrine of libel:

Other panels include a discussion of the remarkable findings of a new Cato poll on free speech and presentations on a diverse array of other topics including European regulation of online media, commercial speech, and campaign finance.

Defamation suit after being called patent troll

David Barcelou and his company Automated Transactions, which have sued banks charging patent infringement over their use of Internet-connected automated teller machine technologies, in December filed a defamation suit in New Hampshire state court against the American Bankers Association, Crain’s Communications, and a variety of banks and other defendants. The suit contends that the defendants have engaged in a “smear campaign” intended to discredit the plaintiffs, prominently through use of the pejorative term “patent troll.” [Automated Transactions LLC v. ABA via IP Watchdog]

Free speech roundup

  • “You Can’t Sue People for Being Mean to You, Bob” – ACLU brief in Robert Murray-John Oliver case. Or can he? [Lowering the Bar, Popehat]
  • Eugene Volokh will keynote lunch and colleague Emily Ekins will describe results of a new survey on free speech at Cato’s inaugural conference on “The Future of the First Amendment,” that’s aside from my religious liberty panel [register or watch online]
  • “Build the Wall” flyers in Washington, D.C. draw reaction: “Council member Brandon Todd has told residents to call 911 if they are handed one of the flyers.” [Liberty Unyielding]
  • Is legal fate of Gawker chilling journalism about the rich and famous? [Margaret Sullivan, Washington Post, on coverage of R. Kelly story] Did ABC News really pay $177 million even after insurance reimbursement to settle pink slime case? [Jacob Gershman on Twitter citing SEC filing]
  • Symposium with Richard Epstein, Heather Mac Donald, KC Johnson, John McWhorter, Jonathan Rauch, Adam White and many others: “Is Free Speech Under Threat in the United States?” [Commentary]
  • Calls for a crackdown on bad guys’ political expression in 1950s and today, compared [Eugene Volokh]

Federal judge dismisses Palin libel suit against NYT

Federal judge Jed Rakoff has dismissed Sarah Palin’s libel suit over an unfair and inaccurate swipe at her in a New York Times editorial [Eriq Gardner/Hollywood Reporter, Tim Cushing/TechDirt, Jacob Sullum/Reason, Tom Rogan/Washington Examiner]

We are rightly proud of the broad sweep of First Amendment protection our constitutional law gives to wide-open discussion about public figures, even when, as in the Times’s reference to Palin, it results in commentary that the Times itself recognized within a day was grossly off base and retracted. If the New York Times expects professional respect, however, it needs to hold itself to standards higher than the ideological schlock merchants of both sides, which would mean not printing such things in the first place.

Maybe the best outcome in the case would be if the Times paid $0 damages, but the editor who wrote the false words resigned in shame.

Update: Louisiana sheriff’s raid on blogger’s home

We reported last year on how the sheriff of Terrebonne Parish, Louisiana, relying on the state’s old and constitutionally infirm criminal-libel law, had raided the house and seized the computers of a local man suspected of being responsible for a gadfly blog that had criticized the sheriff and other community figures. Now, unsurprisingly, a federal judge is allowing a lawsuit to go forward seeking damages for the search: “Some qualified immunity cases are hard. This case is not one of them.” [Eugene Volokh]

Libel, slander, and defamation roundup

  • After nearly four years federal judge grants summary judgment to blogger/prosecutor Patrick Frey, one of many defendants sued by Brett Kimberlin [Patterico] That took a lot of thankless pro bono work by attorney/Likelihood of Confusion blogger Ron Coleman (who writes about it here) and Maryland employment lawyer Bruce Godfrey [Eric Turkewitz, more reactions]
  • India: “editor explains how threat of legal action is used to silence journalists” [Aayush Soni, Committee To Protect Journalists]
  • Liberty Counsel v. GuideStar, Maajid Nawaz v. SPLC: “How the Southern Poverty Law Center Enraged Nominal Conservatives Into Betraying Free Speech Values” [Popehat]
  • “Former University Official Files Libel Lawsuit Against His Replacement For Things A Journalist Said” [Tim Cushing, TechDirt, Tennessee]
  • “Ted Rall Is Incensed That Anti-SLAPP Laws Protect Everyone” [Popehat]
  • Conjuring up notional John Doe defendants can help get injunctions forcing websites to take down stories [Paul Alan Levy, Arizona]

Media law roundup