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A Judicial Assault on the First Amendment 

By: monkeytrots in CONSTITUTION | Recommend this post (3)
Thu, 29 Dec 16 6:54 AM | 111 view(s)
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http://www.steynonline.com/7653/a-judicial-assault-on-the-first-amendment

This is about a lawsuit Mann has filed against Mark Steyn - EIB network talk show host (for Rush)., and a blogger. Mann is the infamous ingenuous global hockey stick ho-axer.

A Judicial Assault on the First Amendment
by Mark Steyn • Dec 28, 2016 at 11:09 am

...
From Jonathan Adler at The Washington Post:

However intemperate the original blog posts at issue, this decision is tremendously unfortunate, as it threatens to make it too easy for public figures to file lawsuits against their critics and, as a consequence, threatens to chill robust political debate...

In refusing to dismiss claims against Steyn and Simberg, the D.C. Court of Appeals placed tremendous weight on the fact that Penn State and other institutions investigated Mann and did not find evidence of academic misconduct. Yet it is the alleged inadequacy of Penn State's investigation that was the focus of the very posts at issue. Indeed, this was the whole point of the Sandusky comparison. Both Simberg and Steyn believe that Penn State failed to conduct a thorough investigation of the allegations against Mann and that other investigations either did not focus on Mann's conduct or relied too heavily on Penn State. They were explicit on this point, and they cited the reasons for their conclusions..

A Judicial Assault on the First Amendment
by Mark Steyn • Dec 28, 2016 at 11:09 am

Also see: http://www.steynonline.com/7643/walking-in-a-legal-wonderland

Almost three years ago, my sometime colleagues at National Review and my co-defendants at the Competitive Enterprise Institute filed an interlocutory appeal to determine, inter alia, whether the new anti-SLAPP law was interlocutorily appealable. Fascinating stuff.

Dr. Mann has supplied sufficient evidence for a reasonable jury to find, by a preponderance of the evidence, that statements in the articles written by Mr. Simberg and Mr. Steyn were false, defamatory, and published by appellants to third parties, and, by clear and convincing evidence, that appellants did so with actual malice.




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