In 2012—after writers for the National Review and a prominent conservative think tank accused him of fraud and compared him to serial child molester Jerry Sandusky—climate scientist Michael Mann took the bold step of filing a defamation suit. The defendants moved to have the case thrown out, citing a Washington, DC, law that shields journalists from frivolous litigation.
But on Wednesday, DC Superior Court Judge Frederick Weisberg rejected the motion, opening the way for a trial.
Although public figures like Mann have to clear a high bar to prove defamation, Judge Weisberg argued that the scientist's complaint may pass the test. And he brushed aside the defendants' claims that the fraud allegations were "pure opinion," which is protected by the First Amendment:
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.
Weisberg's order is just the latest in a string of setbacks, which have left the climate-change skeptics' case in disarray. Earlier this month, Steptoe & Johnson, the law firm representing the National Review and its writer, Mark Steyn, withdrew as Steyn’s counsel. According to two sources with inside knowledge, it also plans to drop the National Review as a client.
The lawyers’ withdrawal came shortly after Steyn—a prominent conservative pundit, who regularly fills in as host of Rush Limbaugh's radio show—publicly attacked the former judge in the case, Natalia Combs Greene, accusing her of "stupidity" and "staggering" incompetence. Mann’s attorney, John B. Williams, suspects this is no coincidence. "Any lawyer would be taken aback if their client said such things about the judge," he says. "That may well be why Steptoe withdrew."
Steyn's manager, Melissa Howes, acknowledged that his commentary "did not go over well."* But Steyn maintains it was his decision to part ways with his attorneys.
The lawsuit centers on Mann's famous "hockey stick” graph. In 1999, Mann and two colleagues charted 1,000 years worth of climate data, and found a steep uptick in global temperatures beginning in the 20th century. The graph, named for its iconic shape, became a potent, easy-to-grasp symbol of global warming. And it was featured prominently in the landmark 2001 report from the United Nations' Intergovernmental Panel on Climate Change, which concluded that "the increase in temperature in the 20th century is likely to have been the largest of any century during the past 1,000 years." More
