The battle for free speech in science has begun 

Posted: March 24, 2016 by oldbrew in Legal, News

See you in court [image credit:]

See you in court [image credit:]

The ‘climate wars’ take another twist with a new legal fund being set up to help counter threats from supporters of ‘official’ climate science, as the GWPF reports.

Galileo Galilei was tried in 1633 for spreading the heretical view that the Earth orbits the sun, convicted by the Roman Catholic Inquisition, and remained under house arrest until his death. Today’s inquisitors seek their quarry’s imprisonment and financial ruin.

As the scientific case for a climate-change catastrophe wanes, proponents of big-ticket climate policies are increasingly focused on punishing dissent from an asserted “consensus” view that the only way to address global warming is to restructure society—how it harnesses and uses energy.

That we might muddle through a couple degrees’ of global warming over decades or even centuries, without any major disruption, is the new heresy and must be suppressed. The Climate Inquisition began with Michael Mann’s 2012 lawsuit against critics of his “hockey stick” research—a holy text to climate alarmists. The suggestion that Prof. Mann’s famous diagram showing rapid recent warming was an artifact of his statistical methods, rather than an accurate representation of historical reality, was too much for the Penn State climatologist and his acolytes to bear.

Among their targets (and our client in his lawsuit) was the Competitive Enterprise Institute, a think tank prominent for its skeptical viewpoint in climate-policy debates. Mr. Mann’s lawsuit seeks to put it, along with National Review magazine, out of business. Four years on, the courts are still pondering the First Amendment values at stake. In the meantime, the lawsuit has had its intended effect, fostering legal uncertainty that chills speech challenging the “consensus” view.Mr. Mann’s lawsuit divided climate scientists—many of whom recognized that it threatened vital scientific debate—but the climate Inquisition was only getting started.

The past year has witnessed even more heavy-handed attempts to enforce alarmist doctrine and stamp out dissent. Assuming the mantle of Grand Inquisitor is Sen. Sheldon Whitehouse (D., R.I.). Last spring he called on the Justice Department to bring charges against those behind a “coordinated strategy” to spread heterodox views on global warming, including the energy industry, trade associations, “conservative policy institutes” and scientists. Mr. Whitehouse, a former prosecutor, identified as a legal basis for charges that the Racketeer Influenced and Corrupt Organizations Act, or RICO, the federal statute enacted to take down mafia organizations and drug cartels.

In September a group of 20 climate scientists wrote to President Obama and Attorney General Loretta Lynch encouraging them to heed Mr. Whitehouse and launch a RICO investigation targeting climate skeptics. This was necessary since, they claimed, America’s policy response to climate change was currently “insufficient,” because of dissenting views regarding the risks of climate change. Email correspondence subsequently obtained through public-records requests revealed that this letter was also coordinated by Mr. Whitehouse.

Intimidation is the point of these efforts. Individual scientists, think tanks and private businesses are no match for the vast powers that government officials determined to stifle dissent are able to wield. An onslaught of investigations—with the risk of lawsuits, prosecution and punishment—is more than most can afford to bear. As a practical reality, defending First Amendment rights in these circumstances requires the resources to take on the government and win—no matter the cost or how long it takes. It also requires taking on the Climate Inquisition directly. Spurious government investigations, driven by the desire to suppress a particular viewpoint, constitute illegal retaliation against protected speech and, as such, can be checked by the courts, with money damages potentially available against the federal and state perpetrators.

If anyone is going to be intimidated, it should be officials who are willing to abuse their powers to target speech with which they disagree. That is why we are establishing the Free Speech in Science Project to defend the kind of open inquiry and debate that are central to scientific advancement and understanding. The project will fund legal advice and defense to those who need it, while executing an offense to turn the tables on abusive officials. Scientists, policy organizations and others should not have to fear that they will be the next victims of the Climate Inquisition—that they may face punishment and personal ruin for engaging in research and advocating their views.

Source: The Battle For Free Speech In Science Has Begun | The Global Warming Policy Forum (GWPF)

Original report: David B. Rivkin Jr. and Andrew M. Grossman, The Wall Street Journal

  1. oldbrew says:

    You sue us — we sue you.

    ‘The project will fund legal advice and defense to those who need it, while executing an offense to turn the tables on abusive officials. ‘

  2. I think there’s a bit of misleading spin here. Mann isn’t suing because they criticised his hockey stick, but because they compared him to a pedophile. So I don’t think that’s a very good example.

    The RICO fiasco is a much better example, and that backfired rather badly on Shukla.

  3. oldbrew says:

    Paul M: Mark Steyn distanced himself from the ‘molester’ smear.

  4. hunter says:

    Paul Matthews,
    Actually if you re-read what Steyn actually wrote, Mann only looks worse and was clearly acting in bad faith. He is suing Steyn for quoting what someone else- who was NOT sued- actually said. Steyn specifically stated he was not calling Mann a molester.
    Mann’s ridiculous censorship suit was all about silencing criticism of him and his work, and nothing about being slandered by Steyn.
    That his worthless suit has survived as long as it has is a tremendous black eye on the integrity of the Court.

  5. Fanakapan says:

    So this fund is being set up to pay for Mann’s case ?

    That’d make a deal of sense, as clearly Mann cant back out, and I doubt the State Penn wants to be on the hook for the funds needed to make the case a perpetual motion going nowhere deal ?

  6. oldbrew says:

    Fanakapan: no, the fund is intended to support people subjected to intimidation by what we might loosely call the ‘climate scare establishment’.

  7. Fanakapan says:


    I’m reminded of Mandy Rice Davies and her famous retort there 🙂

    Considering that its the Warming Establishment thats done ALL of the intimidation to date, there must be another reason to set up such a fund ?

  8. oldbrew says:

    Fanakapan: maybe you’ve got hold of the wrong end of the stick here?

    ‘we are establishing the Free Speech in Science Project to defend the kind of open inquiry and debate that are central to scientific advancement and understanding.’

  9. Fanakapan says:


    You’re right, my apologies 😦