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The Courts Science

A Famous Climate Scientist Is In Court With Big Stakes For Attacks On Science (npr.org) 272

Julia Simon reports via NPR: In a D.C. courtroom, a trial is wrapping up this week with big stakes for climate science. One of the world's most prominent climate scientists is suing a right-wing author and a policy analyst for defamation. The case comes at a time when attacks on scientists are proliferating, says Peter Hotez, professor of Pediatrics and Molecular Virology at Baylor College of Medicine. Even as misinformation about scientists and their work keeps growing, Hotez says scientists haven't yet found a good way to respond. "The reason we're sort of fumbling at this is it's unprecedented. And there is no roadmap," he says. The climate scientist at the center of this trial is Michael Mann. The professor of earth and environmental science at the University of Pennsylvania gained prominence for helping make one of the most accessible, consequential graphs in the history of climate science. First published in the late 1990s, the graph shows thousands of years of relatively stable global temperatures. Then, when humans start burning lots of coal and oil, it shows a spike upward. Mann's graph looks like a hockey stick lying on its side, with the blade sticking straight up. The so-called "hockey stick graph" was successful in helping the public understand the urgency of global warming, and that made it a target, says Kert Davies, director of special investigations at the Center for Climate Integrity, a climate accountability nonprofit. "Because it became such a powerful image, it was under attack from the beginning," he says.

The attacks came from groups that reject climate science, some funded by the fossil fuel industry. In the midst of these types of attacks -- including the hacking of Mann's and other scientists' emails by unknown hackers -- Penn State, where Mann was then working, opened an investigation into his research. Penn State, as well as the National Science Foundation, found no evidence of scientific misconduct. But a policy analyst and an author wrote that they were not convinced. The trial in D.C. Superior Court involves posts from right-wing author Mark Steyn and policy analyst Rand Simberg. In an online post, Simberg compared Mann to former Penn State football coach Jerry Sandusky, a convicted child sex abuser. Simberg wrote that Mann was the "Sandusky of climate science," writing that Mann "molested and tortured data (PDF)." Steyn called Mann's research fraudulent. Mann sued the two men for defamation. Mann also sued the publishers of the posts, National Review and the Competitive Enterprise Institute, but in 2021, the court ruled they couldn't be held liable.

In court, Mann has argued that he lost funding and research opportunities. Steyn said in court that if Penn State's president, Graham Spanier, covered up child sexual assault, why wouldn't he cover up for Mann's science. The science in question used ice cores and tree rings to estimate Earth's past temperatures. "If Graham Spanier is prepared to cover up child rape, week in, week out, year in, year out, why would he be the least bit squeamish about covering up a bit of hanky panky with the tree rings and the ice cores?" Steyn asked the court. Mann and Steyn declined to speak to NPR during the ongoing trial. One of Simberg's lawyers, Victoria Weatherford, said "inflammatory does not equal defamatory" and that her client is allowed to express his opinion, even if it were wrong. "No matter how offensive or distasteful or heated it is," Weatherford tells NPR, "that speech is absolutely protected under the First Amendment when it's said against a public figure, if the person saying it believed that what they said was true."

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A Famous Climate Scientist Is In Court With Big Stakes For Attacks On Science

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  • Free speech (Score:4, Insightful)

    by Wolfling1 ( 1808594 ) on Wednesday February 07, 2024 @12:07AM (#64221150) Journal
    I will defend their right to say whatever they believe, but I will also defend his right to sue the pants off them if there's no credible information to back up their claims. This is the difference between criminal and civil proceedings, and I'm gobsmacked that so many people just don't get it.
    • by vbdasc ( 146051 )

      That's fair, but what exactly were defendants' claims? They never really claimed that Mann was a child molester, the most they claimed was than Mann's research (the results of which went public and started effecting countries' policies and peoples' lives) could be false or at least flawed. And freedom of speech protects them making such claims, on the basis that they believed that their claims were true. And it's pretty reasonable to think that they really believed that, as "right-wing" people.

      • by Entrope ( 68843 )

        Mark Steyn claimed that Mann was faculty at Penn State who molested data and was protected by the same university administration -- specifically including the university"s president -- that protected Jerry Sandusky. That was the substance and sting of the "Sandusky of climate science" comment, as clearly indicated by the context of that epithet.

        It's a travesty that the defendants have had to spend 12 years of their life on this, while Mann has not spent a dollar of his own money. His case is being funded

        • while Mann has not spent a dollar of his own money. His case is being funded entirely by third parties.

          Would be interested in seeing your source for that statement (and also seeing whether that source says whether Steyn and Simberg's legal expenses are also funded by third parties).

          • by Entrope ( 68843 )

            It was Mann's own testimony during the trial. From https://www.thegatewaypundit.c... [thegatewaypundit.com] :

            An attorney for Simberg asked Dr. Mann how much Mann was paying for his attorneys and if Mann would have any legal debts from the case.

            Michael Mann admitted that he hadnâ(TM)t paid a penny for the several law firms representing him over the past 12 years or to the four lawyers (and several staff people) representing him at trial.

            And Mann said he would have no legal debts from the case regardless of whether he won or lost.

            • Thanks for the citation and link.

              Is the same true for Steyn and Simberg?

              • by Entrope ( 68843 )

                I understand that Steyn is representing himself, at least right now. I don't know how long that has been true. I have no information as to Simberg's lawyers.

      • Re: (Score:2, Troll)

        by SvnLyrBrto ( 62138 )

        > They never really claimed that Mann was a child
        > molester,

        They almost never actually do... directly and overtly anyway. The republicans mastered the art of plausible deniability long ago and are applying it to their current, and very despicable, talking point that anyone who disagrees with them or fail to hate on LGBT people enough is out there raping children.

        No, they donâ(TM)t accuse. They use codewords like âoegroomersâ (When I was a kid, it was âoerecruitersâ and then

    • A very orange man has been in the news a lot recently for this same thing not once, but twice.

  • This OP is highly biased. I really hope Steyn wins his case and can't figure out how a DC court would have jurisdiction. That being said, do your own google search on scientific fraud and retraction of scientific papers. Foundational research is being retracted in many important fields at many prestigious universities due to fraud. There is big money being chased that requires big and highly curated stories that is leading to large scale fraud by PIs and lax peer review by journals. Science is quickly becom
    • by Geoffrey.landis ( 926948 ) on Wednesday February 07, 2024 @11:00AM (#64222196) Homepage

      This OP is highly biased. I really hope Steyn wins his case and can't figure out how a DC court would have jurisdiction.

      That's an easy one. The jurisdiction is DC because the purported libel was published in DC.

      That being said, do your own google search on scientific fraud and retraction of scientific papers.

      The paper in question was not retracted. There were investigations of the allegations of fraud done by both the National Academy of Sciences [scientificamerican.com] and by the University [science.org], and the investigations all concluded that there was no fraud in the research.

      (the problem here, of course, is that no number of investigations will ever satisfy ideologues who think that there's a conspiracy to commit fraud. They shout "we need an investigation!", but when there actually is an investigation, they just dismiss it with "that's a cover up" and demand another one.)

      If I recall correctly, Mann refused to share his research data which would lead a thinking person to be suspicious. If you want to validate your research, then just fully publish the data and not just what you got from a struggle session with it.

      The critical element of science is replication. The paleoclimate graph showing a hockey-stick-like shape has been replicated many times by other workers independent of Mann's work.
        https://arstechnica.com/scienc... [arstechnica.com]
        https://www.scientificamerican... [scientificamerican.com]
        https://www.livescience.com/29... [livescience.com]

      If you want the actual climate reconstructions, look here: https://nap.nationalacademies.... [nationalacademies.org] (you have to sign in, but it's free if you do)

  • ExxonMobil: Oil giant predicted climate change in 1970s - scientists [bbc.co.uk]

    “ One of the world's largest oil companies accurately forecast how climate change would cause global temperature to rise as long ago as the 1970s, researchers claim”
  • by Pinky's Brain ( 1158667 ) on Wednesday February 07, 2024 @03:45AM (#64221366)

    https://disinformationchronicl... [substack.com]

    Please don't sue.

    • Why would he sue you. Did you equate him with a child molester in an unsubstantiated way? Are you so desperate to shoot the messenger that you didn't even bother to understand what we are talking about?

      • He is not a messenger of fact, he is the bearer of opinion. If you think Lancet should have published Daszak letter without reporting conflict of interest and the WHO should have put him on the fact finding mission then you have reason to think his opinion about what constitutes an attack on science worthy of consideration.

        PS. I did not from the outset recognise the name and had never read this particular article. It was just my knee jerk Bayesian prejudice that a virologists talking about attacks on scienc

  • People's positions on the Michael Mann trial are too much informed by their position on the general issue.
    It appears Mann was not honest or rigorous in is work in his eagerness to prove the climate change emergency.

    That does not mean there is no such emergency, but there is this instant polarisation that some defend him because they want to defend the general position and others make him representative for climate science and use the case to dismiss the results of climate scientists.
    That's all there is to i

    • And, of course, on the flip side of the very same token, there are some who attack him "because they want to defend the [aLTeRNaTiVE] position and [they made themselves] representative (sic) for climate science negation and use the case to promote the criticism of climate scientists."

  • Data point (Score:5, Informative)

    by ElizabethGreene ( 1185405 ) on Wednesday February 07, 2024 @08:54AM (#64221860)

    I am very much not an expert on this, please do NOT take my word as correct on this topic.

    I believe the science in question here is what's known as "Mike's trick" or "Mike's Nature trick". In the infamous hockey stick graph, Mr. Mann took high-quality reconstructed temperature data going back about a thousand years and stuck it on the same graph as modern high-quality measured temperature data starting in the late 1900s. This kind of graph should make it easy to see long-term climate patterns including global warming. The "trick" at issue is how they handled the transition from reconstructed to modern data. Their reconstructed data showed a significant temperature decline in the late 1900s that created a discontinuity with the modern data. They chose an arbitrary point to connect these two datasets with solid lines and smoothed the curves between them in a way that obscured this.

    This probably would have disappeared as a two-line correction in a journal, but Mr. Mann's group refused to disclose their data under a FOIA request, then it was either hacked and stolen or leaked and there was an email that used the phrase "hide the decline with Mike's trick". That's the kind of tabloid intrigue that we're still talking about it 25 years later.

    There is an older video with some discussion on this from Richard Muller here: https://www.youtube.com/watch?... [youtube.com] The specific graph in question is on the screen at 30:45 and at 32:16 a graph shows the data "hidden" by "Mike's trick". The discussion of "Climategate" starts at 30:00, if you want Mr. Muller's full discussion.

    (This is informational. I do not take a position here on the veracity or urgency of climate change or the ethical or scientific merit of how this data was presented. Please ask; Don't assume.)

    • I note that parent has to say he takes no position, since he obviously fears nukes (or soup?) being dropped on his house by climatists, not to mention being sued by Mann.

  • Grass before breakfast. The old time dispute settlement approach.

"I have not the slightest confidence in 'spiritual manifestations.'" -- Robert G. Ingersoll

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