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Showing posts with label Rand Simberg. Show all posts
Showing posts with label Rand Simberg. Show all posts

Friday, December 23, 2016

Another court victory for Michael Mann and climate science

Sou | 10:21 AM Go to the first of 22 comments. Add a comment
There's been another victory for science and climate scientists everywhere. In case you missed it, Michael Mann is suing for defamation, and the District of Columbia Court of Appeals has just now removed yet another obstacle some of the alleged defamers put in his way.


Acting with reckless disregard


The decision is worth reading. One of the key paragraphs is, as Professor Mann wrote on his Facebook page:
" [The defendants' statement that] Dr. Mann has engaged in misconduct has been so definitively discredited, a reasonable jury could, if it so chooses, doubt the veracity of appellants’ claimed honest belief in that very notion. A jury could find, by clear and convincing evidence, that appellants “in fact entertained serious doubts” or had a “high degree of awareness” that the accusations that Dr. Mann engaged in scientific misconduct, fraud, and deception, were false, and, as a result, acted “with reckless disregard” for the statements’ truth when they were published." (p. 101)
Michael Mann is suing the following for defamation based on articles appearing on websites: Mark Steyn, The Competitive Enterprise Institute, Rand Simberg, and The National Review, Inc. All but Mark Steyn tried to get the case tossed under Anti-SLAPP Act. They tried this in a trial court and lost, so took it to the Appeals Court, where Michael Mann prevailed again.

The way is now cleared for Professor Mann to pursue his case for defamation.