The Competitive Enterprise Institute received a letter on August 21, 2012 from an attorney representing Penn State University Professor Michael E. Mann that demands that CEI retract and apologize for a post on CEI’s blog, OpenMarket.org, written by CEI adjunct scholar Rand Simberg. The letter also threatens that they "intend to pursue all appropriate legal remedies on behalf of Dr. Mann."
"The Other Scandal in Unhappy Valley," the July 13, 2012 blog post at issue, criticized Professor Mann, a climate scientist who is recent years has become a leading advocate in the public debate for global warming alarmism. Mann was the lead author of research that created the controversial and much-disputed hockey stick temperature graph. The hockey stick was featured in the UN Intergovernmental Panel on Climate Change’s Third Assessment Report (2001), but was dropped in its Fourth Assessment Report (2007). E-mails from and to Professor Mann featured prominently in what became known as the Climategate scandal.
In October, 2012, Mann followed up with a defamation lawsuit against CEI and National Review. The initial complaint and subsequent legal filings appear below.
- Oct. 22, 2012, Michael E. Mann v. National Review, Inc., et al. – complaint
- Dec. 14, 2012, CEI and Rand Simberg's Special Motion to Dismiss Under the D.C. Anti-SLAPP Act
- Dec. 14, 2012, CEI and Rand Simberg's 12(b)(6) Motion to Dismiss For Failure to State a Claim
- June 28, 2013, Mann’s Motion to Amend Complaint, and Amended Complaint
- July 19, 2013, DC Superior Court denial of CEI's anti-SLAPP motion in Michael Mann. v. National Review, CEI, et al
- July 19, 2013, DC Superior Court denial of National Review's anti-SLAPP motion in Michael Mann. v. National Review, CEI, et al
- Sept. 12, 2013, DC Superior Court Order denying Defendants’ Joint Motion to Certify Interlocutory Appeal
- Oct. 02, 2013, DC Superior Court Order staying proceedings pending Interlocutory Appeal
- Nov. 07, 2013, Defendants' Response to DC Court of Appeals on Jurisdiction
- Nov. 13, 2013, Amicus brief of the Reporters Committee for Freedom of the Press, et al. in Support of CEI and National Review
- Nov. 14, 2013, Amicus brief of the ACLU in Support of CEI and National Review
- Nov. 22, 2013, Amicus brief of the District of Columbia in Support of CEI and National Review
- Dec. 19, 2013, DC Court of Appeals order remanding the case
- Jan. 22, 2014, DC Superior Court order denying renewed anti-SLAPP motions to dismiss
- Apr. 15, 2014, CEI & National Review Response to Show Cause Order Regarding Appeal
- Apr. 25, 2014, Mann, Opposition to Response to Show Cause Order
- Apr. 30, 2014, DC Court of Appeals, Order Permitting and Expediting Appeal
- Jun. 26, 2014, DC Court of Appeals Scheduling Order
- Aug. 05, 2014, CEI Opening Appellate Brief
- Aug. 05, 2014, National Review Opening Appellate Brief
- Aug. 11, 2014, Amicus Brief of the Reporters Committee for the Freedom of the Press and 26 other Organizations in Support of CEI and National Review
- Aug. 11, 2014, Amicus Brief of Mark Steyn in Support of Expeditious Ruling
- Aug. 11, 2014, Amicus Brief of Online Publishers and Electronic Frontier Foundation
- Aug. 11, 2014, Amicus Brief of Cato Institute, et al.
- Aug. 11, 2014, Amicus Brief of Alliance Defending Freedom
- Aug. 11, 2014, Amicus Brief of the District of Columbia
- Sept. 03, 2014, Mann, Opposing Appellate Brief
- Sept. 24, 2014, CEI Appellate Reply Brief
- Sept. 24, 2014, National Review Appellate Reply Brief