Tag: Mark Steyn

Posted on By Patrick Maines

Global Warming and the Chilling of Free Speech

One of the most important, if underreported, defamation cases in recent memory is being mounted by Prof. Michael Mann.  The creator of the controversial “Hockey Stick” graph, Mann is a leading figure among “global warming” scientists, and the targets of his lawsuit are prominent conservatives – the writer Mark Steyn, National Review magazine, the public policy outfit Competitive Enterprise Institute (CEI), and a person who wrote for a CEI publication.

The gravamen of Mann’s suit is that the defendants defamed him by their published comments.  As an example, CEI stated in its initial blog post that Mann “has molested and tortured data in the service of politicized science,” while National Review said that “Mann was the man behind the fraudulent climate-change ‘hockey-stick’ graph, the very ringmaster of the tree-ring circus.”  Mann further argues that the defendants’ global warming skepticism derives from their financial and political interests.

Successful defamation suits, particularly for a “public person” in a place like Washington, D.C., are very hard to win.  In part, this is because the District of Columbia (along with 28 states) has enacted an anti-SLAPP law that is intended to discourage “strategic lawsuits against public participation,” where the goal of the plaintiff isn’t to win but to intimidate and burden  defendants with the cost of their legal defense.

The other reason such suits are hard to win is because of the substantial and vital editorial latitude given the media, courtesy of the First Amendment.  This explains why the Reporters Committee for Freedom of the Press (RCFP), joined by 18 other media organizations, including such as Politico, the Washington Post, Dow Jones & Co., and the National Press Club, early on filed an amicus brief in support of the defendants.

For what should have been a relatively simple case, quickly yielding a dismissal of Mann’s suit, Mann vs. Steyn, et al., has been dragging on since fall of 2012.  In part, this is because of appeals of earlier procedural rulings, and also because Mann had to file an amended complaint.  Bottom line: It’s not clear even now if the case will get to the trial stage.  In fact it’s not even clear which court will act next in this case – could be the trial court or the D.C. Court of Appeals.

Adding to the confusion is Mark Steyn’s unhappiness with National Review’s legal strategy, such that he has now dropped out of participation with NR’s lawyers, and is currently representing himself.

So this is a snapshot in time of the murky legal case: Considerably less murky, however, is the larger picture – the one that is painted outside the courtroom, and that has implications not just for the plaintiff and defendants in this case, but for everyone who values freedom of speech.

There is perhaps no issue today that is more hotly debated than global warming, and contrary to Mann’s opinion, this debate rages on not because of the ideological or financial interests of some of the skeptics.  The debate rages on because of so many unanswered questions.

There’s been no global warming for at least 15 years.  Why is that?  Some suggest the heat is hiding at the bottom of oceans.  But whether it’s “hiding” there, or in Al Gore’s house, doesn’t that fact, by itself, prove that the computer models said to predict specific warming timelines are unreliable?

Then there are the vital related questions – beyond the expertise of climate scientists – like the economic impacts of global warming, and its prospective amelioration.  What do climate scientists know about engineering, economics, agronomy, or scores of other disciplines of the sort needed to recommend specific energy policies?

Let’s assume, just for the sake of argument, that Mann and the warming prophets are right: that anthropogenic warming is occurring; that its net results demand action; that we know what that action should be, and that whatever we did would provide societal results that, on balance, were preferable to doing nothing.

In that case, wouldn’t it be a good idea for climate scientists to attempt at all costs to persuade the public and policymakers to their point of view?  Wouldn’t it seem that defamation suits against people who disagree with you is counterproductive?

Whatever the facts of “climate change,” there’s evidence that few people take global warming seriously. Witness, for instance, the recent WSJ/NBC News poll, which found that, of 13 issues people were asked to rank by priority, “addressing climate change” was dead last.

Writing a comment in reply to a predictable global warming rant in Britain’s Guardian newspaper, one reader volunteered this:

It isn’t the big corporations or dissident scientists that are the problem, it’s the pesky public.  They simply don’t believe the climate change bandwagon.

Why?  Well, one of the biggest reasons is the zealotry of climate change supporters. Arguments that should be factual, with room for disagreement, have become intolerant slanging sessions, with insult and invective traded in place of reason. Even the phrase “deniers” is redolent of a religious movement more than scientific debate….

If climate change believers want to win more support, then it’s time to step back from the barricades and engage with the average man on the street.  Win the argument through persuasion, not rant. We’ve all had enough of that.

                                               

Patrick Maines is president of The Media Institute, and a former assistant publisher of National Review. The opinions expressed above are those of the writer and not of The Media Institute, its Board, contributors, or advisory councils.

Posted on By Patrick Maines

The Silence of the Lambs

The failure of mainstream U.S. journalists even to mention the abominable trial of Canadian journalist Mark Steyn speaks volumes about the state of the industry, and about the speech-killing nature of political correctness.

As my colleague Rick Kaplar posted here last week, Steyn is being tried in Canada by one of that country’s “human rights” tribunals.  His crime?  He wrote a book, subsequently excerpted in the Canadian journal Maclean’s, to which members of the Canadian Islamic Congress took offense.

Never mind for a minute the impact of this on Mr. Steyn, or on those Canadians who, even without the benefit of a First Amendment, understand and believe in freedom of speech.  The stomach-turning aspect of this affair is the ovine response of virtually the entire U.S. press corps.

With the exception only of a handful of conservative journalists, plus a New York Times reporter writing for the International Herald Tribune, the saga of Mark Steyn and his persecution by a kangaroo court, formed under the auspices of Canada’s Human Rights Commission,  has been completely ignored.

In private conversation, a number of explanations have been offered for this phenomenon: It is a foreign affair; the U.S. media, newspapers particularly, are preoccupied with more pressing matters; worse things are happening to journalists, and to freedom of speech, all over the world.

I don’t buy any of it.  In the first place, we’re talking about Canada, not Eritrea.  Secondly, how much effort or money does it take to write an editorial, news, or feature story?  And as for worse things happening, well, that may be, but this one is quite bad enough.

A better explanation would be that, second perhaps only to the academy, U.S. media are the most politically correct institution in American life.  And few people are more politically incorrect than Mark Steyn.

In February of this year Christopher Hitchens wrote a piece for Slate called “To Hell With the Archbishop of Canterbury.”  Written in the saucy style for which he’s well known, Hitchens’s ire was prompted by a speech given by the Archbishop in which he suggested that  aspects of sharia, or Islamic law, should be adopted in Britain as it would ‘help maintain social cohesion.’

There is little doubt that, had Hitchens’s piece been published in a Canadian newspaper or magazine, it would have given offense to the same people who have initiated the proceeding against Mr. Steyn.  The difference, of course, is that Hitchens’s piece wasn’t published in Canada, and so therefore neither he nor his publisher can be fined or sanctioned.

As shown in the link above, the excerpt from Steyn’s book is disturbing and provocative.  But it is also unmistakably political speech — the kind, in other words, generally accorded the highest value by those who believe the press is indispensable to a democratic society. 
 
Fortunately, there are some Canadians who understand that point.  In a press release issued last month, the British Columbia Civil Liberties Association announced it had applied for leave to intervene in Steyn’s trial.  In the language of the president of the association: “Freedom of expression is a fundamental democratic value.  Citizens of a democracy should be trusted to form their own judgments about the views expressed by others, including controversial and offensive comments.  The BCCLA will seek to protect basic Charter rights so that opinions on all matters, including religion, can continue to be debated freely and without fear through all media of communication.”

Despite the mounting evidence of the harm it causes, political correctness in the U.S. has so far escaped the opprobrium it  deserves.  Far from being the language of the enlightened, political correctness is the lingua franca of those who believe in control rather than debate, the very essence of totalitarianism.

Posted on By Richard T. Kaplar

The Threat to Free Speech Is Just Across the Border

Note to American journalists: Step across the border into Canada and you will give up every vestige of your right to free speech and free press. If you write a piece that someone finds offensive or that merely hurts his feelings, you may end up facing trial before one of Canada’s “human rights” tribunals that collectively boast a conviction rate in the range of 100%.

Hard to believe?   Just ask Mark Steyn, widely regarded as one of Canada’s finest journalists.  He recently went on trial before one of these kangaroo courts in British Columbia because a group called the Canadian Islamic Congress didn’t like a book excerpt of his that appeared as an article in Maclean’s magazine. 

The Islamic group claimed that the excerpt from Steyn’s book America Alone engaged in “spreading hatred against Muslims” – despite praise from other journalists such as Rich Lowry, who calls the piece “a sparkling model of the polemical art” and lauds its “profound social analysis.”

No matter.  Before the national Canadian Human Rights Commission and its provincial counterparts, truth is no defense.  And there is no requirement to prove harm.  All you have to do is disagree with the writer’s point of view.  Forget freedom of speech.  Lowry quotes one of the national commission’s principal investigators as saying: “Freedom of speech is an American concept, so I don’t give it any value.”

It is incomprehensible to think that freedom of speech and press have been so thoroughly brutalized within the borders of our northern neighbor.  Equally unbelievable, however, is the fact that the plight of Mark Steyn has been greeted with such a stunning and nearly universal silence by U.S. media.  With a handful of exceptions like Lowry, American journalists have completely ignored this travesty to the north. 

It’s true that Steyn and Lowry both are conservatives – Lowry is editor of National Review  – but I don’t want to say the deafening silence is driven by ideology.  (One of the few other Americans to break the silence, for example, is New York Times reporter Adam Liptak, writing in the International Herald Tribune.)  I think it’s a matter of journalistic indifference to something that’s not happening here.

Yes, it’s a Canadian matter.  But threats to free speech and free press transcend borders.  Especially when the threat is this serious, and the border this close.  That makes it our matter, too. 

Final note to American journalists:  WAKE UP!!