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How a 2016 ruling defined the issues in climate scientist Michael Mann’s libel suit

Michael Mann. Photo (cc) 2020 by Oregon State University.

Media coverage of climate scientist Michael Mann’s victory in a libel case against two right-wing commentators might lead you to believe he won at least in part because those commentators, Rand Simberg and Mark Steyn, compared him to a convicted child molester. For instance, here’s The Washington Post’s lead:

Michael Mann, a prominent climate scientist, won his long-standing legal battle against two right-wing bloggers who claimed that he manipulated data in his research and compared him to convicted child molester Jerry Sandusky, a major victory for the outspoken researcher.

And here’s a paragraph from The New York Times’ account:

In 2012, Mr. Simberg and Mr. Steyn drew parallels between controversy over Dr. Mann’s research and the scandal around Jerry Sandusky, the former football coach at Pennsylvania State University who was convicted of sexually assaulting children. Dr. Mann was a professor at Penn State at the time.

I was alarmed because the statement at the heart of the Sandusky comparison, written by Simberg in a blog post for the Competitive Enterprise Institute and repeated by Steyn (with reservations) in National Review, speaks of Mann’s alleged “abuse” of data, comparing him to Sandusky only tangentially. Here’s what Simberg wrote:

Mann could be said to be the Jerry Sandusky of climate science, except for instead of molesting children, he has molested and tortured data in the service of politicized science that could have dire economic consequences for the nation and planet.

This is pretty rough stuff; even Steyn writes, “Not sure I’d have extended that metaphor all the way into the locker-room showers with quite the zeal Mr Simberg does.” But it does not actually compare Mann to a child molester. I was taken aback when I read accounts of the verdict because, on the face of it, it didn’t strike me as libelous to reach for an admittedly horrendous metaphor in describing what you regard as someone’s scientific misconduct.

Fortunately, I discovered that a 2016 ruling by a three-judge panel of the U.S. Court of Appeals for the District of Columbia, which allowed Mann’s suit to move forward, made clear that the case hinged on a straightforward distinction between assertions labeled as fact versus opinion. (Both the Simberg and Steyn pieces are reproduced in full in that ruling.) In that regard, Thursday’s verdict did no damage to the protections that the press enjoys against meritless libel suits.

Candidates gang up on Ramaswamy because they just can’t stand his smug arrogance

Vivek Ramaswamy. Photo (cc) 2022 by Gage Skidmore.

Entertainment was hard to come by at Wednesday night’s Republican presidential debate. But to the extent that there was anything to savor, it came in the form of the attacks on Vivek Ramaswamy at the hands of Mike Pence, Nikki Haley and Chris Christie. What they needed to accomplish was to bury what was left of Ron DeSantis. Instead, they were so enraged by Ramaswamy that they focused their fire on him.

Ramaswamy was glib, smug, rude and arrogant. He also mouthed far-right talking points in a way that would do Donald Trump proud, coming out foursquare for everything bad, from coal to Russia. Although all eight candidates tried to duck a question about climate change (Haley was a wishy-washy exception), only Ramaswamy declared it to be a “hoax.” He alone would cut off U.S. aid to Ukraine, though DeSantis was heading in that direction.

Did Ramaswamy help or hurt himself? Who knows? I thought New York Times columnist David French put it well: “Everything I dislike about him, MAGA loves, and he looked more like Trump’s heir than DeSantis did.” Josh Marshall of Talking Points Memo called Ramaswamy a “cocky little shit,” which wasn’t quite accurate: he’s actually pretty tall.

In case Ramaswamy is new to you, you might want to check out this profile in The New Yorker, written by Sheelah Kolhatkar. Ramaswamy, who made his fortune in biotech, has moved to the extreme right in recent years, something that hasn’t exactly endeared him to those who were once close to him. Kolhatkar writes:

I asked Ramaswamy if his burgeoning reputation as a conservative firebrand had taken a personal toll. He chose his words carefully. A family member no longer spoke to him, and he’d been ghosted by a close friend. Although he’d forged new relationships with conservatives, none of the connections had turned into friendships. “I feel like the public advocacy, or whatever you call what I’ve been doing in the last couple of years, has eroded more friendships than new friendships made up for it,” he said.

Being shunned because of your principles is one thing. Being shunned because of ambition is something else.

So who won? I thought the big winner was President Biden. Trump, too, I imagine, since he continues to dominate the Republican field and did not take part in Wednesday’s free-for-all. Other than that, I’d say Pence was the winner, sort of; he managed to get credit for standing up to Trump on Jan. 6 without being booed too loudly, as Chris Christie was, and he came across as a normal candidate — that is, if your idea of normal is an extremist who wants a nationwide ban on abortion. Another Times columnist, Ross Douthat, said of Pence’s performance: “Moral clarity, debating chops, a message frozen in amber in 1985 and a visceral hatred for Vivek Ramaswamy: It won’t get him the nomination but it made for some of the better theater of the night.” James Pindell of The Boston Globe gave Pence an A-plus.

A lot of people thought Haley did well, too. She projected as independent and even somewhat moderate, criticizing Trump for running up the debt. You’d think might hurt her chances of being chosen as Trump’s running mate, but she’s proven over and over that she’ll be whatever she thinks she needs to be.

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Former Murdoch lieutenant states the obvious: Fox News is toxic and dangerous

Rupert Murdoch. 2011 photo in the public domain by David Shankbone.

What’s interesting about Preston Padden’s unburdening of himself with regard to Rupert Murdoch and Fox News isn’t in what he says. It’s that he said anything at all.

Padden, a former high-ranking executive in the Murdoch empire, wrote a commentary for The Daily Beast earlier this week in which he lamented the Fox News Channel’s devolution from “a responsible and truthful center-right news network” into what it is today: a propaganda arm of Trump Republicans who promote the Big Lie about the 2020 election, peddle deadly falsehoods about COVID-19, and stir up racial animosity by fear-mongering about Black Lives Matter and Antifa. (He should have mentioned climate change while he was at it.) Padden writes:

Over the past nine months I have tried, with increasing bluntness, to get Rupert to understand the real damage that Fox News is doing to America. I failed, and it was arrogant and naïve to ever have thought that I could succeed.

No kidding. Now, it’s true that Fox News wasn’t quite the toxic cesspool that it has become in the age of Trump. Prime-time talk-show hosts like Bill O’Reilly and Greta Van Susteren were reasonable and dealt for the most part with facts. Sean Hannity was paired with a liberal, the late Alan Colmes.

If you squinted, you could make a case that Fox was a right-wing version of what the liberal network MSNBC is today. But I don’t know that it was ever “a responsible and truthful center-right news network”; more like a hard-right outlet whose most outlandish outbursts were at least grounded in some semblance of truth.

Now, though, it’s nothing but lies, racism and conspiracy theories, especially during prime time, led by onetime rational thinker-turned-white supremacist Tucker Carlson. Padden attribute this to Murdoch’s “deep-seated vein of anti-establishment/contrarian thinking,” but he’s giving Rupe way too much credit. It’s money and ratings, and nothing more. That’s all it’s ever been.

The Globe will expand its coverage of climate change

Photo (cc) 2008 by Lima Andruška

The Boston Globe is in the process of creating a four-person team to cover climate change, according to an email to the staff from Steven Wilmsen, the paper’s narrative editor. A trusted source forwarded it to me a little while ago.

One of those people is a new hire — Sabrina Shankman, who’s coming over from Inside Climate News, for whom she covered the Arctic. She’ll be joined by longtime environmental reporter David Abel and Janelle Nanos, who apparently will be part-time, as she’ll continue covering retail as well. Rounding out the team will be a digital producer who has yet to be hired. Wilmsen writes:

It’s important to note that as you read this — and even as we reported seismic, world-changing matters over the last 18-months — the planet’s health continued on a dangerous path. Last year was the hottest on record. The urgency for dramatic action has never been greater. The Globe’s goal is to bring that urgency to our readers — and to reduce the scale of an overwhelmingly large problem to the community and regional level. We aim to shine light on the hurdles and inequities our region faces as we strive for zero emissions, show pathways toward solutions, and, perhaps most importantly, hold leaders who are responsible for getting us there to account. That’s a big and exciting job that ultimately must engage many others in the newsroom, especially reporters on key beats. We’ll be reaching out in the weeks and months ahead.

In the current newspaper environment, it is impossible to take note of a development like this without stressing — again — how crucial it is to have committed local ownership. Even as John and Linda Henry continue to invest in the Globe (though it’s long past time to settle that union contract), papers elsewhere are being dismantled by the corporate chains and hedge funds that have acquired them.

Anyway, good move. It adds value for Globe subscribers and, needless to say, it’s about an issue of paramount importance.

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How Fox News is helping to destroy the planet

Photo (cc) 2015 by Johnny Silvercloud

Previously published at WGBHNews.org.

Want to fight climate change? Tell your elderly relatives to turn off Fox News.

new survey about global warming by the Pew Research Center provides reasons for optimism. A majority of Americans favors more federal action on environmental issues, including climate change. Most respondents said we should put more emphasis on developing alternative energy sources than on expanding our use of fossil fuels such as oil, coal and natural gas.

But there is one huge caveat: older, conservative respondents aren’t inclined to do much of anything — and many of them continue to believe the fiction that climate change has more to do with natural causes than with human activities.

“A strong majority of liberal Democrats (84%) say human activity contributes a great deal to climate change, with near consensus among them that human activity contributes at least some amount to climate change (96%),” according to the survey report. “In contrast, about half of conservative Republicans (53%) say human activity contributes a great deal (14%) or some (39%) to climate change. Another 45% of this group says humans play not too much or no role in climate change.”

Indifference to doing something about climate change, the survey adds, increases with age — the older the respondents, the less likely they are to want the government to take action.

Although Pew doesn’t say it, these findings coincide perfectly with the demographics of Fox News, which caters to older, conservative viewers. Cable news viewers in general are old — MSNBC, which appeals to liberals, has an even older audience than Fox. But it’s Fox, not MSNBC, that pumps out a steady stream of climate-change denialism and skepticism.

Earlier this year, the Bulletin of the Atomic Scientists reported on findings that showed rejection of climate science among ordinary people is uniquely American — and that Fox News was the likely reason.

Citing survey data, the author, Dana Nuccitelli, wrote that “Republicans who watch Fox News are more than twice as likely to deny human-caused climate change than Republican non-viewers, and 62 percent of Republicans watch Fox News.” Nuccitelli added that the data “suggests that the presence of Fox News and other conservative media outlets may be the primary explanation for why climate denial is more prevalent in the United States than in other developed countries.”

And it’s further proof that Rupert Murdoch, whose family runs Fox News, is one of the most dangerous people on the planet.

Looking for some specifics? In just the past few months, Fox prime-time host Sean Hannity has mocked U.S. Rep. Alexandria Ocasio-Cortez, D-N.Y., for linking the severity of Hurricane Dorion to climate change. Another host, Tucker Carlson, referred to the September climate strike as “adults hoping to exploit children for political purposes.” And Laura Ingraham called climate activism by Greta Thunberg and others “globalist” and “socialism in a new mask.”

It sounds ludicrous. But when your Uncle Bert and Aunt Gertrude watch hours upon hours of this stuff, the effect is to produce a combination of anger, cynicism and inertia that makes it nearly impossible to break through with serious ideas about how to save the planet. And let’s not forget that Fox functions as state television for a president who declared on Twitter in 2012 that global warming was a hoax perpetrated by the Chinese.

Nor is there anything new about Fox News viewers believing things that just aren’t true. Last spring, a poll by NBC News and The Wall Street Journal found that solid majorities of respondents who get most of their news from Fox believed that President Trump was telling the truth about the Russia investigation. They also said they weren’t worried about future Russian interference in U.S. elections. Half of Fox News viewers believed that the Mueller report had cleared Trump of wrongdoing — even though Mueller drew a virtual road map for the House to impeach Trump on charges that he obstructed the investigation.

Then again, you could go back to the early days of the war in Iraq, when 67% of Fox News viewers believed the falsehood promoted by the Bush-Cheney administration that Saddam Hussein had worked closely with Al Qaeda.

Despite overwhelming scientific consensus that time is running out to avoid the worst effects of climate change, the level of greenhouse gases in the atmosphere continues to rise. As one of the two worst polluters (China is the other), the United States has to lead if anything is going to be accomplished. Unfortunately, Trump’s response has been to pull out of the Paris climate-change accords and to torment California for taking action at the state level.

The role of Fox News in preventing serious action on climate change shouldn’t be underestimated. From propping up the Trump presidency to mocking science as a bastion of liberal elitism, Fox is hastening the day when parts of the planet will become uninhabitable.

The Pew survey shows that a majority of Americans wants to do something serious about climate change. It also shows that the same Foxified minority keeping Trump in office is blocking the wishes of the majority. It’s further proof that our media system, like our electoral system, is undermining our democracy.

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Why the midterms could be disastrous for the planet

PresidentAlfredPreviously published at WGBHNews.org.

Monday’s broadcast of “The CBS Evening News” began on a portentous note. “Good evening,” said anchor Scott Pelley. “Melting glaciers, rising sea levels, higher temperatures. If you think someone’s trying to tell us something, someone just did.”

Pelley’s introduction was followed by a report on the latest study by the United Nations’ Intergovernmental Panel on Climate Change. According to The Washington Post, the panel found that global warming is now “irreversible,” and that drastic steps must be taken to reduce the use of fossil fuels in order to prevent worst-case scenarios from becoming a reality.

No matter. Before the night was over, Americans had turned their backs on the planet. By handing over the Senate to Mitch McConnell and his merry band of Republicans, voters all but ensured that no progress will be made on climate change during the next two years — and that even some tenuous steps in the right direction may be reversed.

At Vox, Brad Plumer noted that Tuesday’s Alfred E. Neuman moment came about despite more than $80 million in campaign spending by environmentalists and despite natural disasters that may be related to climate change, such as the unusual destructiveness of Hurricane Sandy and the ongoing drought in the West.

“Which means that if anything’s going to change, it may have to happen outside Congress,” Plumer wrote, adding that “the 2014 election made clear that Washington, at least, isn’t going to be much help on climate policy anytime soon.”

Not much help? That would be the optimistic view. Because as Elana Schor pointed out in Politico, Republicans and conservative Democrats may now have a veto-proof majority to move ahead on the Keystone XL pipeline. The project, which would bring vast quantities of dirty oil from Canada into the United States, would amount to “the equivalent of adding six million new cars to the road,” the environmentalist Bill McKibben said in an interview with “Democracy Now” earlier this year.

The problem is that though Americans say they care about climate change, they don’t care about it very much.

In September, the Pew Research Center reported the results of a poll that showed 61 percent of the public believed there is solid evidence that the earth has been warming, and that 48 percent rated climate change as “a major threat” — well behind the Islamic State and nuclear programs in Iran and North Korea.

Moreover, whereas Democrats registered 79 percent on “solid evidence” and 68 percent on “major threat,” Republicans scored just 37 percent and 25 percent. The Republican political leadership, anxious to keep its restive right-wing base happy, has every incentive to keep pursuing its science-bashing obstructionist path.

One possible solution to this mess was proposed in the New York Times a few days ago by David Schanzer and Jay Sullivan of Duke University: get rid of the midterm elections altogether by extending the terms of representatives from two to four years and by changing senatorial terms from six years to four or eight.

As Schanzer and Sullivan noted, presidential election years are marked by high turnout across a broad spectrum of the electorate. By contrast, the midterms attract a smaller, whiter, older, more conservative cohort that is bent on revenge for the setbacks it suffered two years earlier. (According to NBC News, turnout among those 60 and older Tuesday was 37 percent, compared to just 12 percent for those under 30.)

“The realities of the modern election cycle,” they wrote, “are that we spend almost two years selecting a president with a well-developed agenda, but then, less than two years after the inauguration, the midterm election cripples that same president’s ability to advance that agenda.”

There is, of course, virtually no chance of such common-sense reform happening as long as one of our two major parties benefits from it not happening.

The consequences of that inaction can be devastating. According to The Washington Post’s account of this week’s U.N. report, “some impacts of climate change will ‘continue for centuries,’ even if all emissions from fossil-fuel burning were to stop.”

Sadly, we just kicked the can down the road for at least another two years.

Correction: This commentary originally said that CBS News’ report on climate change was aired on Tuesday rather than Monday.

 

Michael Mann, Mark Steyn and the court of public opinion

220px-Mark_Steyn

Mark Steyn

Mark Steyn is one of my least favorite pundits. But I also don’t like it when people use libel to settle disputes. It seems to me that the climate scientist Michael Mann has the public platform he needs to fight back against Steyn’s smears without having to resort to a lawsuit.

Nevertheless, I think U.S. Judge Frederick Weisberg, who’s presiding over the matter of Mann v. Steyn, probably got it right in deciding that the case can move forward, as Mariah Blake reports for Mother Jones. Ignore the hyperbole over Steyn’s loathsome comparison of Mann to Jerry Sandusky; the key is that Steyn wrote Mann had trafficked in scientifically “fraudulent” data. Steyn claims that’s a matter of opinion, but the question of whether someone committed fraud is something that is either true or not. And if it’s not true, then Steyn may well be found to have libeled Mann. The standard was set forth by the U.S. Supreme Court in Milkovich v. Lorain Journal Co. (1990).

I should note that Jonathan Adler, writing at The Volokh Conspiracy, believes that Steyn’s statements amount to “hyperbolic expressions of opinion, not statements of fact,” and should therefore be considered protected speech. My response is that it’s a close enough call that a jury should be allowed to decide.

In any event, Steyn has gotten himself into a significant mess with his prose and with his mouth. He’s reportedly had a falling-out with one of his co-defendants, the conservative journal National Review, and he currently lacks legal representation as well. I can’t say I’m sympathetic. This is a guy who once called former senator Max Cleland, who lost three limbs in Vietnam, “a beneficiary of the medal inflation that tends to accompany unpopular wars.”

But is this how we wish to decide public controversies? In court? There are any number of public forums available to Mann for him to defend himself against Steyn’s accusations, and those forums would probably provide Mann with greater satisfaction than a libel suit that could drag on for years. My advice to Professor Mann: Drop the suit and go on the attack.

Photo via Wikipedia.

Media to president: You’re a liberal!

The state of the union may or may not be strong, but the State of the Union was liberal.

That was the view of media commentators from the left, right and center the morning after President Barack Obama delivered his fourth State of the Union address. The president called for a higher minimum wage, universal preschool and action on gun control and climate change, among other things. And the consensus is that his support for such measures signaled a public embrace of activist government that we’ve rarely seen since the rise of Ronald Reagan more than three decades ago.

Read the rest at the Huffington Post.

Climate change and the limits of journalism

Hurricane Sandy flooding New York’s East Village.

The most trenchant piece of media criticism you’re likely to see this week — this month? this year? — is an essay by journalist-turned-climate activist Wen Stephenson that appears on the cover of this week’s Phoenix.

Stephenson, an alumnus of the Boston Globe, the Atlantic and WBUR Radio, argues that though the media have in recent years finally moved beyond the false equivalence of balancing the scientific consensus with the views of a few fringe denialists, news coverage of climate change remains polite to the point of timidity. Stephenson writes:

Our most respected climate scientists … are increasingly clear and vocal about one thing: we’re rapidly running out of time to address climate change in any meaningful way and avoid the risk of global climate catastrophe, with the incalculable human suffering that it will bring, quite possibly in this century.

In the face of this situation — as much as it pains me to say this — you are failing. Your so-called “objectivity,” your bloodless impartiality, are nothing but a convenient excuse for what amounts to an inexcusable failure to tell the most urgent truth we’ve ever faced.

What’s needed, Stephenson says, is for the media to move beyond the political near-silence that has descended over the climate-change issue and instead focus relentlessly on the subject.

It’s a good, important piece, and you should read it. Nevertheless, I have some quibbles.

First, I think Stephenson, for all his experience, misapprehends the limits of journalism. It’s not like our best news organizations have ignored climate change. They’ve reported on it frequently, prominently and with great skill. But they’ve done it in an oxygen-deprived environment. That is, a story in the New York Times or on network television, no matter how it’s played, is not going to get the sort of traction Stephenson would like to see without the oxygen of an engaged political system.

That’s not to say Jim Lehrer, Candy Crowley or Bob Schieffer couldn’t have put President Obama and Gov. Mitt Romney on the spot during the presidential debates. But that wouldn’t come close to the intensity generated by genuine political engagement, congressional hearings and the like. Climate change has slid off the public agenda. Journalism’s ability to force it back onto the agenda is not nonexistent, but it is limited.

Second, Stephenson’s argument does nothing to answer the sinking feeling I get whenever I read about climate change — that it’s already too late in many respects, that nothing we can do would offset the massive damage that is already occurring and that, essentially, we’re screwed. I’m not suggesting we be spared the truth. But that’s not the sort of message likely to lead to much more than sullen desperation.

Ironically, as I finish writing this, we are learning that New York City Mayor Michael Bloomberg has endorsed Obama precisely because the president takes climate change more seriously than his opponent. Citing Hurricane Sandy, Bloomberg wrote:

Our climate is changing. And while the increase in extreme weather we have experienced in New York City and around the world may or may not be the result of it, the risk that it may be — given the devastation it is wreaking — should be enough to compel all elected leaders to take immediate action.

So maybe facts on the ground — and in the sky, and the oceans — will accomplish what journalism has not: force all of us to take climate change seriously. Of course, we can’t pretend to know the relationship between Sandy and global warming. But it’s worth asking whether the storm was more severe than it would have been absent climate change; whether more storms like it are occurring; and whether Sandy caused more devastation than it otherwise would have because the seas are higher than they used to be.

Don’t misunderstand me. I completely agree with Stephenson and his observation that the mainstream media tend to seek consensus over difficult truth-telling. Maybe events like Sandy, and leaders like Michael Bloomberg, will start to change that consensus.

Photo (cc) by David Shankbone and republished under a Creative Commons license. Some rights reserved.

A Rapturous new attack on climate science

It’s the latest meme among commentators who want to downplay or dismiss concerns about climate change: those doomsayers are just like the Rapture wackos! Three examples:

  • Boston Globe columnist Jeff Jacoby: “The May 21 apocalypse foretold by the fundamentalist minister Harold Camping never materialized, but end-of-the-world doomsaying goes on as usual among the global warmists.”
  • Syndicated columnist Jay Ambrose: “You can, on the one hand, listen to Bill McKibben, who says the raging Midwest and Southern tornadoes are still another sign of global warming doom. Or you can listen to Harold Camping, who recently announced the world would go kaput not too long after Christians were sent heavenward on May 21 by none other than God himself.”
  • Detroit News editorial-page editor Nolan Finley: “The rapture predicters are no more looney than those who want to connect the serial natural disasters to global warming.”

As with Al Gore, Camping and company are a lot easier to dismiss than atmospheric scientists.

Here is a splendid account of how D.R. Tucker, a Massachusetts conservative, moved from denial to acceptance as he immersed himself in the facts. Well worth reading.

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