Climatologist Michael Mann, creator of the infamous “hockey stick” graph, has filed suit against National Review and the Competitive Enterprise Institute for allegedly defamatory blog posts attacking Mann and his work. Dr. Mann has posted a release about the suit on his Facebook page. I’ll post links to the complaint once it’s on-line. In the […]
Archive | Defamation
Mann v. Steyn
Penn State climatologist Michael Mann, he of the infamous “Hockey stick” graph, is threatening to sue Mark Steyn and National Review for a blog post on NRO in which Steyn (quoting Rand Simberg) compared Penn State’s investigation of scientific misconduct allegations against Mann with the same university’s initial investigation of Jerry Sandusky and the Penn […]
Is It Libel to Say Someone Was Arrested When the Arrest Record Has Been Erased?
As I noted last year, the New Jersey Supreme Court rejected a similar claim as to convictions (paragraph break added): G.D. [argues] that the record of his conviction [for possession with intent to distribute cocaine] was expunged [some years later] and, therefore, his conviction — as a matter of law — is deemed not to […]
Central Basin Municipal Water District Suing for Libel
So reports the L.A. Times, and notes a problem with the lawsuit: Government agencies aren’t allowed to sue for libel (even if they are alleging that the speaker was knowingly libeling them). From New York Times Co. v. Sullivan (1964): For good reason, “no court of last resort in this country has ever held, or […]
An Interesting Defamation Case
I just ran across an interesting case, Memphis Pub. Co. v. Nichols (Tenn. 1978). The Memphis Press-Scimitar published the following article that mentioned Mrs. Ruth Ann Nichols: WOMAN HURT BY GUNSHOT Mrs. Ruth A. Nichols, 164 Eastview, was treated at St. Joseph Hospital for a bullet wound in her arm after a shooting at her […]
Georgia Democratic Party Political Director Sues Over Accusations That He Is a “Recidivist” and a “Criminal”
The trouble is that it appears that he does indeed have a criminal record. The complaint, in Richey v. Walker (Ga. Super. Ct. May 3, 2012) is based on these statements on the Georgia Politics Unfiltered blog: “Rashad Richey, the person in charge of making political decisions for Georgia Democratic Party, has a history of […]
Judge vs. Blogger Libel Lawsuit Can Go Forward
So holds today’s Lewis v. Rapp (N.C. Ct. App. May 1, 2012). An excerpt: In April 2010, plaintiff was the serving Senior Resident Judge of Judicial District 13B in North Carolina and was engaged in a campaign to retain her seat in the November 2010 election. She was also a vocal supporter of William Rabon […]
Colorado Repeals Criminal Libel Law
The bill, signed by the Governor on April 13, is here; Colorado’s old criminal libel law had apparently been ““used seven times in Colorado in the last two years,” though “in some cases, the original charge [was] changed to something else, like harassment.” Thanks to Ross Kaminsky for the pointer.
Greek Court Dismisses Defamation-of-Nation Claims Against German Magazine
The AP reports: A Greek court dismissed defamation charges Tuesday against a German magazine that had illustrated an article on Greece’s economic crisis with a doctored photo of the Venus de Milo statue [draped in a Greek flag and raising her middle finger]. The 2010 Focus magazine article, headlined “Cheats in the European family,” appeared […]
“Former Utah Police Chief Charged with Criminal Defamation”
The Deseret News reports: Former Naples Police Chief Steven C. Guibord is charged with criminal defamation, a class B misdemeanor, in Uintah County. Prosecutors allege that he used the name of the city’s current police chief [Mark Watkins] to post derogatory comments on the online memorial pages for the two fallen Border Patrol agents…. Guibord […]
Electronic Frontier Foundation Submits Proposed Amicus Brief in Obsidian Finance Group, LLC v. Cox
I’m pleased to say that the Electronic Frontier Foundation has asked the court for leave to file this amicus brief [UPDATE: link fixed] in our Obsidian Finance Group, LLC v. Cox case. To see links to the district court opinion in that case, and to our motion for new trial in that case, please go […]
The Original and Traditional Meaning of “Freedom … of the Press”
By Eugene Volokh on January 2, 2012 3:29 pm in Defamation, Freedom of Speech, Freedom to Gather Information, Restrictions on Campaign Contrbs. and Expenses
My article, Freedom for the Press as an Industry, or for the Press as a Technology? From the Framing to Today, 160 U. Penn. L. Rev. 459 (2011), available in its full PDF form here, has just been published; here is the Introduction: “[T]he freedom … of the press” specially protects the press as an […]
“Taliban Toyota” Slander Verdict: $2.5 Million in Compensatory Damages, $5 Million in Punitives
From the Press-Register (Alabama): A jury awarded $7.5 million in damages to the Iranian-born owner of Eastern Shore Toyota on Monday evening after his competitor called his business “Taliban Toyota” and accused him of being a terrorist. Shawn Esfahani, owner of the mega-dealership on Interstate 10, sued Bob Tyler Toyota in Pensacola and its sales […]
Redskins Owner Drops Defamation Suit Against Washington CityPaper
And it today’s football-related legal news, the Washington Post reports that Washington Redskins owner Daniel Snyder has dropped his defamation suit against the Washington CityPaper over an unflattering story about him. Snyder had sought $1 million in general damages as well as unspecified punitive damages from the weekly paper; its parent company, Creative Loafing; and journalist […]
A Tip for Those Who Want to Represent Themselves in Court
If you’re arguing that colleagues defamed you by calling you discourteous, disrespectful, and otherwise unpleasant (e.g., “rabid with bitterness”), and you insist on representing yourself, try to avoid litigation tactics that the judge sees as discourteous, disrespectful, and otherwise unpleasant.