This week, the D.C. Court of Appeals is receiving amicus briefs in support of the Competitive Enterprise Institute’s (CEI) and National Review’s petitions to rehear, before the Court’s full set of judges, a First Amendment case involving Michael Mann’s defamation allegations against CEI and National Review. One of the briefs filed in support of the petitions was from Dr. Judith A. Curry, a prominent climate scientist and frequent target of harassment by Dr. Michael Mann.
“Dr. Curry discusses Michael Mann’s attempts to intimidate his critics through direct abuse and vilification—of which she has been a victim—and through litigation,” said CEI General Counsel Sam Kazman. “And she warns that, if the panel’s ruling stands, not only will freedom of speech suffer, but so will scientific dissent and science itself.”
The amicus brief states, “If the entire Court does not hear this case, those like Dr. Mann who use libel laws to silence their critics will prevail, while those who use normal scientific debate will find themselves disadvantaged in the marketplace of ideas.”
Curry’s brief continues, “Neither Galileo nor Einstein sued their detractors for libel. They simply let their work and ideas speak for themselves to eventual, substantial vindication. The Court should take this case en banc, and allow Dr. Mann the same recourse.”
The Cause of Action Institute filed the amicus brief in Competitive Enterprise Institute v. Michael Mann on behalf of Dr. Curry. Read the amicus brief here.
The petition for rehearing argues the December ruling by a three-judge panel of the court was based on two legal errors that transform libel law in our nation’s capital to allow far more lawsuits challenging political and policy commentary on our news channels, in print, and online. Read the petition here.
Read more about this case from CEI senior fellow in energy policy Dr. Marlo Lewis: Climate Scientist Judith Curry Files Legal Brief Supporting CEI's Free Speech Rights.