Over at
Science Blogs, Greg Laden is reporting that Penn State
climatologist Michael Mann is suing
the Competitive Enterprise Institute (CEI) and the National
Review for refusing to apologize for comparing him in a
blog post to child molester Jerry Sandusky. In the original post on
CEI’s Opermarket website apparently
read:

“Mann could be said to be the Jerry Sandusky of climate
science, except that instead of molesting children, he has molested
and tortured data in the service of politicized science.”

Harsh, indeed. That offending line has since been
removed from the post, with a disclosure noting “Two
inappropriate sentences that originally appeared in this post have
been removed by the editor.” National Review (NR) is being
sued because NR contributor Mark Steyn cited the CEI post over at
NR’s
The Corner blog. For what it’s worth, Steyn did write:

Not sure I’d have extended that metaphor all the way into the
locker-room showers with quite the zeal Mr Simberg does…

However Steyn did add:

… but he has a point.

Back in August in response to threatening letters from Mann’s
attorney, CEI
refused to retract its commentary, though as noted, it did
remove the the direct comparison of Mann with Sandusky. Similarly,
National Review has
refused to retract the Steyn blogpost. In a letter in response
to Mann’s demand for an apology and retraction, the NR’s attorney
argues that such controversial speech is protected by the First
Amendment. Interestingly, the NR letter asserts:

… if Dr. Mann decides to pursue this matter, he and his
research team would be subjected to a very extensive discovery of
materials that he has fought so hard to protect in other
proceedings. Such materials would be required for National
Review to defend itself.

The NR letter is referring to, among other things, the lawsuit
by Virginia’s Attorney General Ken Cuccinelli to obtain access to
Mann’s emails with other researchers involved in the
Climategate imbroglio. Mann vigorously contested that suit and
earlier this year, the Virginia Supreme Court
tossed out Cuccinelli’s suit.

In any case, it seems that Mann has decided to take CEI and NR
to court.  Stay tuned.