I must say this is my favourite story of the day. The climate scientist Michael Mann is threatening to sue Mark Steyn and the National Review for libel. Mann has every right to use the courts to protect his reputation, of course, but I do think he might heed the example of Oscar Wilde before he does so.
The actual claim might be defamation, slight though the difference between that and libel is. Here's Mark Steyn's page giving a timeline and some commentary. A friend of mine in the UK is positively licking his lips at the prospect (I should declare an interest here. Andrew's book, "The Hockey Stick Illusion", which deals with Mann's work, set off to do his research as a result of reading a piece of mine).
Jonathan Adler points out what the real risk to Mann is of going down this route.
Further, the letter notes, in order to defend itself NR would be entitled to seek discovery, and in the process obtain access to e-mails and other records that Mann has, thus far, resisted disclosing in various freedom-of-information suits prompted by ClimateGate.
And that is the problem for Mann. Possibly a problem for Mann that is. The lawyers defending NR get to crawl all over all those documents that he's been so careful about making sure have not been released. Now, as we know absolutely, Dr. Mann has not been hiding anything at all, not even the odd decline, in his academic work. All his papers, emails, research and workings are entirely without blemish as is only right and proper for one who has awoken the world to the grave dangers posed by climate change. But it is still true that NR's lawyers get access to them in order to defend the magazine against the charges that Dr. Mann is bringing. Those entirely righteous charges, you recall, to defend his reputation and honour from the stains being flung at it.
In this sense Mann is entirely unlike Wilde, who wasn't in fact defamed or libelled by the Marquis of Queensberry. Queensberry's allegation, however badly spelled, was in fact true. As the subsequent libel case showed. But it was the very act of bringing the libel case that allowed the evidence to be aired in court. And thus to Wilde's subsequent disgrace and imprisonment.
As I say, Mann's case is entirely different and he obviously has no fear at all of all his papers and workings being trawled through by NR's lawyers. It is going to be a fascinating case though. For many of us have never really understood why Mann has fought so hard up to now to keep those papers and workings private. As they will be revealed in any upcoming case we'll all be glad to put our minds at rest, won't we?
