Tag Archives: Volokh Conspiracy

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.

Volokh’s ‘joint venture’ points toward a new model

David Carr has the details of Wonkblog founder Ezra Klein’s new venture.

I recently argued in the Nieman Journalism Lab that legacy news organizations like The Washington Post should find ways of forming loose networks that would include partnerships with stars like Klein rather than traditional employment/ownership arrangements. That may not have been feasible with Klein specifically, but it’s a model that ought to be considered.

So I find it interesting that, last week, the Post began hosting The Volokh Conspiracy, a libertarian blog that’s been around since 2002. In a message to his readers, Eugene Volokh describes the arrangement as a “joint venture.” He writes:

We will also retain full editorial control over what we write [his emphasis]. And this full editorial control will be made easy by the facts that we have (1) day jobs, (2) continued ownership of our trademark and the volokh.com domain, and (3) plenty of happy experience blogging on our own, should the need arise to return to that.

Of course, Klein’s ambitions are a lot bigger than Volokh’s, and reportedly came with an eight-figure price tag. By contrast, the Volokh move would appear to present little risk for Post owner Jeff Bezos. Still, Carr’s assertion that the Post “has long-festering problems with its core business” left me wondering why Bezos didn’t see Klein as part of the solution to those problems.

Update: According to the Post’s Paul Farhi, Klein never pitched Bezos directly. The major issue, Farhi reports, was how much independence the Post was willing to give Klein.