The justices also declined to intervene in a defamation lawsuit filed against the Competitive Enterprise Institute and the National Review by Michael Mann, a well-known climate scientist and Penn State meteorology professor. Mann is a prolific author whose most recent book, with cartoonist Tom Toles, argues in the preface that the “distortion, denial, and confusion in the public-policy response to climate change has been nothing short of a madhouse.” Mann sued CEI and NR (among others), alleging that articles on CEI’s website and in NR that criticized his views on climate change and accused him of misconduct contained false statements that harmed his reputation in scientific and academic circles. (As this blog’s John Elwood reported, a post on CEI’s website “compared Mann to another famous Penn State faculty member, former football coach Jerry Sandusky, who had recently been convicted of sexual misconduct.”)
CEI and NR argued that the claims should be dismissed under the District of Columbia’s Anti-SLAPP Act, a law intended to provide legal protection for statements involving matters of public concern. But the trial court allowed the case to go forward, and D.C.’s highest court upheld that ruling. CEI and NR asked the Supreme Court to weigh in on two questions: whether the judge or the jury should decide whether an ambiguous statement contains a “provably false” connotation; and whether the First Amendment allows someone to be held liable for defamation when he expressed an opinion about a matter of scientific or political controversy.
Alito dissented from the denial of review. He wrote that the dispute “presents questions that go to the very heart of the constitutional guarantee of freedom of speech and freedom of the press: the protection afforded to journalists and others who use harsh language in criticizing opposing advocacy on one of the most important public issues of the day.” “If the Court is serious about protecting freedom of expression,” Alito concluded, “we should grant review.”