The first results were coming in from Georgia’s special congressional election. And Tucker Carlson of the Fox News Channel had a theory to explain why Jon Ossoff, the Democrat, wasn’t heading toward a huge victory over his Republican opponent, Karen Handel: Ossoff was (gasp) a liberal elitist.
“Ossoff ought to be running away with it, but he’s not,” Carlson said. He sneered at Ossoff’s prodigious fundraising, saying that “all that money has come from angry liberals who live out of state.” As for whether Ossoff was capable of relating to voters in Georgia’s Sixth District, Carlson smirked, “He’s super-fit and way smarter than you are.”
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.