![]() ![]() Plaintiff's failure to show actual malice is the result of the nature of the blog in which the Simberg Article appears: It is a blog designed for low-effort management on the part of CEI, where outside writers enjoy a platform for their opinions, with only cursory review by a relatively low-ranking CEI employee prior to publication. Indeed, media defendants have the right to publish pieces from outside writers, as CEI did here, on matters of public concern. The First Amendment requires that a defamation claim pursued by a public figure be supported by a showing of particularly bad-faith behavior by a defendant, lest the freedom of speech be infringed and the press be dissuaded from participation in important national conversations. "Our profound national commitment to the free exchange of ideas, as enshrined in the First Amendment, demands that the law of libel carve out an area of breathing space so that protected speech is not discouraged." Harte-Hanks Communications, 491 U.S. Plaintiff has failed to offer evidence that CEI acted with actual malice in publishing the Simberg Article sufficient for a reasonable jury to find in his favor. Superior Court granted CEI's motion for summary judgment on similar grounds. Today, Mann suffered another loss as the D.C. (Mann's separate claims related to an article by NR editor Rich Lowry had been previously dismissed on appeal.) The Supreme Court took a pass at reviewing one of the preliminary rulings in 2019, and a DC court granted National Review's motion for summary judgment in March, on the grounds that "actual malice" could not be imputed to National Review on the basis of its decision to publish a blog post. Nearly nine years later, the litigation continues, though it is now limping along. Mann was understandably upset by these posts and, as is his wont, he filed suit against all involved alleging libel and intentional infliction of emotional distress. Mark Steyn quoted and elaborated on the CEI post with a post of his own on National Review Online. Notoriously, the post's author, Rand Simberg, suggested Penn State was no more diligent investigating Mann than it had been investigating Jerry Sandusky. Over nine years ago, on July 13, 2012, the Competitive Enterprise Institute (CEI) published a brief item on its "Open Market" weblog about Penn State University's exoneration of climate scientist Michael Mann, creator of the so-called "hockey stick" climate temperature graph.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |