The descent of Mann’s legal standing
Story submitted by Rob Ricket
Mann plays the victim in article from “The Scientist”
Opinion: Life as a Target
Attacks on my work aimed at undermining climate change science have turned me into a public figure. I have come to embrace that role.
By Michael E. Mann| March 27, 2013
As a climate scientist, I have seen my integrity perniciously attacked. Politicians have demanded I be fired from my job because of my work demonstrating the reality and threat of human-caused climate change. I’ve been subjected to congressional investigations by congressman in the pay of the fossil fuel industry and was the target of what The Washington Post referred to as a “witch hunt” by Virginia’s reactionary Attorney General Ken Cuccinelli. I have even received a number of anonymous death threats.
My plight is dramatic, but unfortunately, it is not unique; climate scientists are regularly the subject of such attacks
This cynicism is part of a destructive public-relations campaign being waged by fossil fuel companies, front groups, and individuals aligned with them in an effort to discredit the science linking the burning of fossil fuels with potentially dangerous climate change.
My work first appeared on the world stage in the late 1990s with the publication of a series of articles estimating past temperature trends. Using information gathered from records in nature, like tree rings, corals, and ice cores, my two coauthors and I had pieced together variations in the Earth’s temperature over the past 1,000 years. What we found was that the recent warming, which coincides with the burning of fossil fuels during the Industrial Revolution, is an unprecedented aberration in this period of documented temperature changes, and recent work published in the journal Science suggests that the recent warming trend has no counterpart for at least the past 11,000 years, and likely longer. In a graph featured in our manuscript, the last century sticks out like the blade of an upturned hockey stick.Source:
http://www.the-scientist.com/?articles.view/articleNo/34853/title/Opinion–Life-as-a-Target/
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This header from Dr. Mann has some important legal value:
Attacks on my work aimed at undermining climate change science have turned me into a public figure. I have come to embrace that role.A public figure has a higher burden of proof in defamation cases, such as the one where Dr. Mann is suing Dr. Tim Ball and Mark Steyn at The National Review. For example:
According to the public figure doctrine, prominent public persons must prove actual malice on the part of the news media in order to prevail in a libel lawsuit. Actual malice is the knowledge of falsity or reckless disregard of whether a statement is true or false. The public figure doctrine makes it possible for publishers to provide information on public issues to the debating public, undeterred by the threat of liability.Further, Dr. Mann is going to have to prove that the statements by Tim Ball and NRO weren’t parody or satire:
Source: http://definitions.uslegal.com/p/public-figure-doctrine/
Whether parodies should be potentially actionable as defamation depends on whether the statement is deemed factual and thus potentially actionable, or is a matter of protected opinion and not actionable.Although plagued by confusion and lack of consensus, under the prevailing trends of constitutional law and/or state substantive defamation law principles, four core bases have emerged for classifying a statement as protected opinion:
(a) it did “not contain a provably false factual connotation;”(b) it “cannot ‘reasonably [be] interpreted as stating actual facts;’”(c) it consists merely of “rhetorical hyperbole, a vigorous epithet,” or “imaginative expression;”(d) it does not state or imply undisclosed, unassumed, or unknown defamatory facts.
Get the shovel - we got some stank out here.I think with his public figure admission, combined with the recognized first amendment right to satire and parody of public figures, he just took his two legal cases out back and shot them dead.
Counterpoint by the brilliant Lord Christopher Monckton of Brenchley:
Opinion: Life as a Target
Monckton in Washington, D.C. (Photo credit: Wikipedia)
Attacks on my work that are aimed at undermining true climate change science have turned me into a public figure. I am not vain enough to embrace that role.
By Christopher Monckton of Brenchley (with no apologies to Michael E. Mann)
As a climate researcher, I have seen my integrity perniciously attacked. Politicians have demanded I be tried for “high crimes against humanity”, for which the penalty is death, because of my work demonstrating the reality and threat of exaggerations about human-caused climate change.
I’ve been subjected to congressional investigations by congressman in the pay of the environmental lobby and was the target of a scientifically-illiterate eight-month “witch hunt” by a Minnesota Trotskyite. I have even received a number of anonymous death threats. My plight is dramatic, but unfortunately, it is not unique; climate skeptics are regularly the subject of such attacks.
The cynicism of my attackers is part of a destructive public-relations campaign being waged by banks, “renewable”-energy companies, insurance giants, front groups, and individuals aligned with them in an effort vastly to profit by vastly exaggerating the science in making suggestions that the burning of fossil fuels may cause potentially dangerous climate change.
My work first appeared on the world stage in the mid-2000s with the publication of a series of articles in the London Sunday Telegraph indicating inter alia that estimating past temperature trends using information gathered from tree rings to piece together variations in the Earth’s temperature over the past 1,000 years had been proven unreliable. What I found was that the recent small warming, which coincides with the fastest growth in solar activity in 11,400 years, is a much-precedented event in this period of reconstructed temperature changes.
Though recent work published in the journal Science suggests that the recent warming trend has no counterpart for at least the past 11,000 years, and perhaps longer, the central England temperature record, which has proven a less inaccurate proxy for pre-thermometer temperatures than dubious tree-rings dubiously processed on dubious computers by dubious zitty teenagers paid by dubious rent-seekers like Michael E. Mann, confirms historical evidence that at the end of the Maunder Minimum temperatures rose at a rate of 4 Celsius/century for 40 years. Nothing like that has been seen since: the 20th century saw just 0.7 Cº of warming, and the 21st century shows none at all. In a graph showing the linear trend for the last 23 years, the trend line looks like a billiard cue.
Since the Doha climate conference of 2012, at which I inadvertently represented Burma, the graph – now known as the billiard-cue graph – has become an icon in the climate-change debate, providing potent, graphic evidence of the recent total absence of human-caused climate change. As a result, governments, banks, renewable-energy hucksters, academics, journalists and those who do their bidding saw the need to discredit it in any way they could, and I have found myself at the receiving end of attacks and threats of investigations, as I describe in my forthcoming book Climate of Freedom. In 2009, 2010, 2011 and 2012, Senator James Inhofe (R-OK) praised my work publicly; and, jointly with Congressman John Linder, I have been awarded the Meese-Noble Award for Freedom for my work on climate change.
On three occasions, Representative Joe Barton (R-TX) invited me to testify before the Energy & Commerce Committee of the U.S. House of Representatives. On the third such occasion, the Democrats – for the first time in the history of Congress – refused the Republicans their free choice of witness because they wanted to protect their own witness, Al Gore, from the public humiliation to which my testimony would inevitably and deservedly have subjected him. I have also testified before the House Ways and Means Committee and the House Climate Change Committee. Inhofe and Barton are just two of the growing number of members of Congress who have seen through the climate scam.
More recently, Vaclav Klaus, as President of the Czech Republic, cited me twice in a speech on climate change in Washington DC, and subsequently accepted my invitation to deliver the annual Magistral Lecture at the World Federation of Scientists’ annual seminar on planetary emergencies.
The Chinese Ambassador to Italy forwarded my seminal, published paper on Clouds and Climate Sensitivity to Peking after his Scientific Counsellor, on hearing me present it, had commented: “This changes everything. It is clear there is no significant manmade influence on the climate.”
I, too, can name-drop sanctimoniously, just like Michael E. Mann.
Meanwhile, I’ve also been subject to a constant onslaught of character attacks and smears on websites, in op-eds, by a politicized and now-discredited clerk in the House of Lords acting without the authority of the House, in Michael E. Mann’s Climategate emails, and on left-leaning news outlets, usually by front groups or individuals tied to global-warming profiteers of the traffic-light tendency (the Greens too yellow to admit they’re really Reds): groups like Greenpeace, Deutsche Bank, the Environmental Defense Fund, Munich Re, and the World Wide Fund for Nature.
As the website WattsUpWithThat has frequently pointed out, climate researchers are in a street fight with those who seek to discredit the data that now comprehensively disprove the once-accepted scientific “evidence” simply because it is inconvenient for many who are profiting from attacking fossil fuel use.
Being the focus of such attacks has a lead lining: I’ve become an accidental public figure in the debate over human-caused climate change. Reluctant at first, I remain reluctant embrace this role, but nevertheless I choose to use my position in the public eye to inform the discourse surrounding the issue of climate change.
Despite continued albeit diminishing skepticism in official quarters, in reality the evidence against dangerous human-caused climate change is now very strong. By digging up and burning fossil fuels, humans are releasing carbon that had been buried in the Earth into the atmosphere, helping to stave off the mass extinctions that would follow from the next – and long overdue – Ice Age. And storms like extra-tropical system Sandy and hurricane Irene, and the oft-precedented heat, drought, and wild-fires of last summer cannot in logic, reason, or science be attributed to “global warming” that has become conspicuous chiefly by its near-total absence over the past two decades and perhaps more. In a deterministic climate object operating on a rational world, that which has not happened cannot have caused that which has.
If we continue down this path of lavishly-funded nonsense, we will be leaving our children and grandchildren a different planet—one with more extreme Socialism, more pronounced and widespread scientific illiteracy, worse episodes of cant even than those of Michael E. Mann (if that were possible), and greater competition for diminishing taxpayer subsidies. It will be worse than we ever thought.
Greater competition for diminishing taxpayer subsidies, even at a time when global population growth is declining, in turn, is a recipe for a national security nightmare. The worst thing we can do is bury our heads in the Cypriot sand and pretend that national bankruptcy doesn’t exist.
It is imperative that we take no action now to squander trillions enriching charlatans like Michael E. Mann. It would be one or two orders of magnitude less cost-effective to spend a single red cent today than to let global warming happen, enjoy the sunshine, go surfing, and pay the minuscule cost of adapting to its consequences the day after tomorrow.
Global warming? As we shivering Scots lairds say as we carry glasses well filled with single malt whisky to our aged retainers as they gallantly shovel feet of unseasonal snow off our three-mile driveways, “Bring it on!”.It's not even a fair comparison - Michael Mann vs. Chris Monckton is like that Tyson vs. Holmes fight way back when Mike was an utter force of destruction in the boxing ring. When he first hit Larry, and Holmes jumped like a little boy - that's what it would be like if Mann debated Monckton face-to-face.
Christopher W. Monckton of Brenchley is a Distinguished Expert Reviewer for the IPCC’s forthcoming Undistinguished Fifth Assessment Report. Last year he was the Distinguished Nerenberg Lecturer in Mathematics at the Distinguished University of Western Ontario, where he discussed the mathematics of Doric architercture, probabilistic combinatorics, logic, climate sensitivity, feedback amplification, and climate economics in a Distinguished fashion. He directs Distinguished Monckton Enterprises Limited. He is the Distinguished author of numerous Distinguished reviewed papers in the Distinguished learned literature, and of the Distinguished forthcoming book “Climate of Freedom”. He is Distinguished for his notorious self-effacement, modesty, and humility – which is more than can be said for the Undistinguished Michael E. Mann.
That would be about the greatest thing I could see in this day and age.
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