Michael Mann’s defamation lawsuit allowed to proceed

Ars Technica : In July 2012, the Competitive Enterprise Institute (CEI) accused Pennsylvania State University climatologist Michael Mann of fraudulent research. Mann is one of the researchers who published the graph of reconstructed historical temperatures known as the “hockey stick graph .” CEI also made comparisons between Mann and Jerry Sandusky, one of the university’s football coaches who had just been convicted of sexually abusing minors. Both sets of statements were repeated by an author writing for National Review. In response, Mann filed a lawsuit for defamation against CEI, National Review, and the individual authors. The defendants attempted to have the lawsuit dismissed as frivolous, but an initial ruling found in favor of Mann. During the appeal, Mann amended his lawsuit, which was sent back to a trial court. Late last week, the trial court upheld the initial ruling. The court’s opinion indicated that the comparisons to Sandusky were protected speech because of Mann’s status as a public figure. However, the accusations of fraudulent research could be considered defamation because they deal with provable facts. Barring any further appeals or other delays, the case can now go to court.