Defamation and Climate Science: Did the Lawsuit Send a Message
Release Date: 02/14/2024
How To Protect The Ocean
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In 2001, government scientists started adding a tiny amount of the synthetic estrogen found in birth control pills to a remote lake in northwestern Ontario, at levels already measured in city wastewater. Within seven weeks, male fish were making egg-yolk protein. After two summers, some had eggs growing in their testes, and the fathead minnow population collapsed to about 1% of normal. Andrew explains how the same chemistry leaves our bodies every day, passes through treatment plants built for sewage and bacteria, and flows into rivers, lakes, and the coast. Hormones are only part of it. In...
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This summer, people are boarding whale watching boats and seeing humpbacks feeding in sight of the Manhattan skyline. Fifty years ago, that same water was an open sewer, and every toilet on Manhattan's West Side flushed straight into the Hudson River, untreated. Andrew tells the story of how the whales got here, and why it took most of a century. He starts with the cause: sewers built to empty into the rivers, roughly 590 million gallons of raw sewage a day by the early 1900s, and floating screens at Coney Island to keep it away from swimmers. Then the turn. The city began testing the harbor...
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Plastic keeps getting made, it never goes away, and almost none of it gets recycled. Dr. Judith Weis, Professor Emerita at Rutgers University Newark and Andrew's very first guest on this podcast more than 2,000 episodes ago, returns for her fourth appearance to talk about the second edition of her book, Marine Pollution: What Everyone Needs to Know. Judith walks through every major category of marine pollution: nutrients, metals, oil, pesticides, marine debris, pharmaceuticals, ocean acidification, and one category that surprises most people, biological pollution. She explains why...
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All week, Andrew has asked listeners to comment on and show up for California's marine protected area review. Today he answers the question that comes after: once the meeting ends and the news coverage stops, how do you find out if anything actually changed? He works through four practical questions every ocean advocate should know how to answer. First, where to find the current rules for any of the 124 MPAs in California's network (the California Department of Fish and Wildlife's own MPA pages). Second, why a Fish and Game Commission vote isn't the finish line, since approved changes still go...
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Earlier this year, about 65,000 people submitted comments on a federal deep-sea mining proposal near the Northern Mariana Islands, most of them opposed. The area under consideration nearly doubled anyway. So why should anyone show up to a public meeting about the ocean? Andrew Lewin makes the case with two marine protected area processes that earned broad public support by design. The first is the Great Barrier Reef Marine Park's Representative Areas Program, which rezoned the entire park between 1999 and 2004. Two formal community participation phases, one before any draft existed, drew more...
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In 2014, just two years after California finished its statewide network of marine protected areas, a marine heatwave known as The Blob settled over the Pacific coast and stayed for two years. Kelp forests collapsed up and down the state, and sea star wasting disease wiped out sea stars on a scale few scientists had seen. For a network built partly to protect kelp habitat, it was the worst possible first test. Andrew Lewin walks through what the state learned when it checked. California's first Decadal Management Review pulled together long-term monitoring across kelp forests, rocky reefs, the...
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In 1999, California passed a law ordering the state to fix its patchwork of ocean parks. For two years, almost nothing happened, and two attempts to get the process moving both failed. It took a 2004 public-private partnership, roughly $35 million in public and philanthropic funding, and a decade of work before the state had a real network of marine protected areas. Partway through that decade, more than 300 people from over 50 tribal nations walked into a public meeting in Fort Bragg to protest how the process was treating their rights. Andrew Lewin walks through what actually happened...
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California has a network of 124 marine protected areas, and in October the state's Fish and Game Commission takes up 15 proposals that could change it. The proposals came out of the network's first 10-year management review, an adaptive management process written into the law so the network could respond to shifting fish populations, a warming climate, and evolving public values. Anupa Asokan, founder of Fish On, explains what that review looked like from inside the room. Anupa is a marine scientist, angler, and surfer who started Fish On to give conservation-minded anglers and spearfishers a...
info_outlineAndrew Lewin discusses a lawsuit involving Dr. Michael Mann, a prominent climate scientist. Dr. Mann sued Rand Simberg and Mark Stein for defamatory online posts made over a decade ago by the Competitive Enterprise Institute and the National Review. Lewin also explores the history of attacks on climate scientists by right-wing climate deniers and the misleading tactics used by oil companies to downplay environmental concerns.
Tune in to learn more about the case and the importance of speaking up for the ocean.
Link to article: https://www.npr.org/2024/02/08/1230236546/famous-climate-scientist-michael-mann-wins-his-defamation-case
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Dr. Michael Mann, a prominent climate scientist, filed a lawsuit against individuals who defamed him online by comparing him to a child molester and calling his work fraudulent. The defendants in the case were Rand Simberg, a policy analyst, and Mark Stein, a right-wing author. The defamatory statements were made in online posts published over a decade ago by the Competitive Enterprise Institute and the National Review, respectively.
The lawsuit brought attention to the issue of attacks on climate scientists, particularly those who advocate for action on climate change. Dr. Mann is well-known for creating the famous "hockey stick" graph, which visually represents the increase in global temperatures since the Industrial Revolution. The graph gained widespread recognition after being featured in former Vice President Al Gore's documentary on climate change.
The defamatory comments made by Simberg and Stein were not only false but also highly offensive. Simberg compared Dr. Mann to Jerry Sandusky, a former football coach at Penn State University who was convicted of child sexual abuse. Simberg accused Dr. Mann of "molesting and torturing the data," equating his scientific work with the heinous actions of a child abuser.
The lawsuit resulted in a mixed verdict. While Dr. Mann was awarded compensatory damages of only $1 from each defendant, the jury ordered Simberg to pay $1,000 in punitive damages and Stein to pay $1,000,000 in punitive damages. The relatively low compensatory damages raised some controversy, but the verdict still sent a message that falsely attacking climate scientists is not protected speech.
The case highlighted the increasing attacks on climate scientists and the need to protect their credibility and careers. Organizations like the Climate Science Legal Defense Fund have been working to support scientists who face harassment and defamation for their work on climate change. The verdict in Dr. Mann's case may serve as a deterrent for public figures, including politicians and CEOs, who engage in attacks on climate scientists.
However, it is important to note that the ruling may not have a significant impact on anonymous online attackers. The liability verdict and the relatively low damages may not deter individuals who hide behind anonymity to spread false information and defame scientists. Nonetheless, the case sets a precedent and emphasizes the importance of evidence-based discourse when discussing climate change.
Overall, Dr. Mann's lawsuit against those who defamed him online sheds light on the challenges faced by climate scientists and the need to protect their integrity and reputation. It serves as a reminder that freedom of speech does not give individuals the right to spread false information or engage in personal attacks. By standing up for himself and other scientists, Dr. Mann has taken a step towards ensuring that climate scientists can continue their important work without fear of harassment or defamation.
The verdict in the case of Dr. Michael Mann suing Rand Simberg and Mark Stein sends a clear message that falsely attacking climate scientists is not protected speech. While the damages awarded may not have been substantial, the ruling has the potential to deter public figures and others from launching similar attacks on climate scientists.
The case highlights the increasing attacks on climate scientists and the need to protect their credibility and careers. Climate scientists, like Dr. Mann, face pressure and harassment from various sources, including politicians, higher-ups, and even common individuals on social media platforms. These attacks aim to undermine their work and discredit the scientific consensus on climate change.
The verdict in this case serves as a warning that there are consequences for defaming and falsely attacking climate scientists. While the compensatory damages awarded were minimal, the punitive damages send a stronger message. Rand Simberg was ordered to pay $1,000 in punitive damages, while Mark Stein was ordered to pay $1,000,000. Although the focus has been on the low compensatory damages, the significant punitive damages highlight the severity of the false accusations made against Dr. Mann.
The ruling may not directly impact anonymous online attackers, but it can deter public figures and those with influence from launching similar attacks. The liability verdict and the dollar figures associated with the judgment serve as a reminder that there are legal consequences for spreading false information and defaming scientists.
The case of Dr. Mann v. Simberg and Stein is significant because it represents one of the first instances where climate deniers have been taken to court for their attacks on climate scientists. The verdict sets a precedent and may encourage other scientists to stand up against false accusations and harassment.
Protecting climate scientists is crucial for the advancement of climate change research and action. Scientists who speak out about climate change and its impacts should not face harassment or defamation for doing their job. The verdict in this case is a step towards ensuring that scientists can continue their work without fear of retribution.
Overall, while the damages awarded may not have been substantial, the verdict in the case sends a strong message that falsely attacking climate scientists is not protected speech. It serves as a deterrent for public figures and others who may consider launching similar attacks. By protecting climate scientists, we can foster an environment where scientific research and evidence-based discussions on climate change can thrive.
The ruling in the case of Dr. Michael Mann against Rand Simberg and Mark Stein highlights the need to protect scientists who speak out about climate change and reduce the harassment they face online. Dr. Mann, a prominent climate scientist known for his famous hockey stick graph, sued Simberg and Stein for defamatory online posts comparing him to a child molester and calling his work fraudulent.
The verdict, although controversial due to the relatively low damages awarded, sends a message that falsely attacking climate scientists is not protected speech. This is significant because climate scientists often face attacks on their credibility and careers when they speak out about climate change. The ruling may deter public figures, including politicians and CEOs, from launching attacks on climate scientists.
The harassment faced by climate scientists is a growing concern, as evidenced by the increasing number of cases handled by organizations like the Climate Science Legal Defense Fund. Scientists who speak out about climate change are often targeted by online attackers who spread misinformation and attempt to discredit their work. This not only undermines the credibility of scientists but also hinders efforts to address climate change and protect the environment.
The ruling in Dr. Mann's case serves as a reminder that there are consequences for defaming scientists and spreading false information. It emphasizes the importance of protecting scientists who are working to raise awareness about climate change and its impacts. By holding individuals accountable for their defamatory statements, the ruling helps create a safer environment for scientists to speak out without fear of harassment or career repercussions.
However, it is important to note that the ruling may not have a significant impact on anonymous online attackers. The liability verdict and relatively low damages may not deter all individuals from launching attacks on climate scientists. Nonetheless, the ruling sets a precedent and sends a message that there are limits to what can be said without evidence or justification.
In conclusion, the ruling in Dr. Michael Mann's case highlights the need to protect scientists who speak out about climate change and reduce the harassment they face online. It serves as a reminder that defamatory statements and false attacks on scientists have consequences. By creating a safer environment for scientists to share their research and findings, we can foster a more informed and productive dialogue about climate change and work towards effective solutions.