Author: Ophelia Benson

One of these again.

J. Michael Bailey, a psychologist at Northwestern University, has promoted a theory that his critics think is inaccurate, insulting and potentially damaging to transgender women. In the past few years, several prominent academics who are transgender have made a series of accusations against the psychologist…Lynn Conway, a prominent computer scientist at the University of Michigan, sent out an e-mail message comparing Dr. Bailey’s views to Nazi propaganda…Dr. Ben Barres, a neurobiologist at Stanford, said in reference to Dr. Bailey’s thesis in the book, “Bailey seems to make a living by claiming that the things people hold most deeply true are not true.”

Oh no, not that. If he does that then nothing is too bad to do to him.

Dr. Conway, the computer scientist, kept a running chronicle of the accusations against Dr. Bailey on her Web site…The site also included a link to the Web page of another critic of Dr. Bailey’s book, Andrea James, a Los Angeles-based transgender advocate and consultant. Ms. James downloaded images from Dr. Bailey’s Web site of his children, taken when they were in middle and elementary school, and posted them on her own site, with sexually explicit captions that she provided…Ms. James said in an e-mail message that Dr. Bailey’s work exploited vulnerable people, especially children, and that her response echoed his disrespect.

Nice, huh?

“What happened to Bailey is important, because the harassment was so extraordinarily bad and because it could happen to any researcher in the field,” said Alice Dreger, an ethics scholar and patients’ rights advocate at Northwestern who, after conducting a lengthy investigation of Dr. Bailey’s actions, has concluded that he is essentially blameless. “If we’re going to have research at all, then we’re going to have people saying unpopular things, and if this is what happens to them, then we’ve got problems not only for science but free expression itself.”

For science, for free expression, for research, scholarship, inquiry, thought – the whole shooting match. Not good.

Silencing by libel suit – it’s everywhere. Deborah Lipstadt pointed out one branch a couple of weeks ago.

Now the Saudis have silenced another book. This one is by J. Millard Burr, a former relief coordinator for Operation Lifeline Sudan, U.S. Agency for International Development, and Robert O. Collins, professor of history at the University of California at Santa Barbara. They have written a number of books on Darfur and Sudan. Their most recent book, Alms for Jihad, was published by Cambridge University Press. The authors explore how…”The Saudi royal family played a pernicious role, founding and promoting charities to spread militant Sunni Islam…” The British lawyers for Khalid bin Mahfouz and his son Abdulrahman bin Mahfouz wrote Cambridge University Press saying they intended to sue the Press and the authors for defamation against their clients.
Cambridge University Press contacted the authors, and they provided detailed material in support of their claims made in Alms for Jihad. Nonetheless, Cambridge University Press decided not to contest the argument and next week they will apologize in court.

So much for freedom of information, so much for the public’s right to know, so much for freedom of speech and the press.

Bin Mahfouz apparently has amassed a number of judgements by default, in other words the case was not tried on its merits. Everyone just caves, pays a fine, and gets out of Dodge as fast as they can. Cambridge Press had pretty deep pockets but it too folded. And now I return to the main point: Why [hasn’t] this pattern of silencing by the Saudis of authors who are critical of them been the topic of an article in the mainstream press?

Why indeed.

Very interesting. Panda’s Thumb comments on Pivar’s poxy lawsuit –

The suit has been discussed on several web sites already, including Scientific American, the Lippard Blog, Overlawyered and PT contributor Timothy Sandefur’s personal blog Positive Liberty. The consensus seems to be that the suit has no legs, but of course if this is a nuisance suit, ultimate success in front of a judge is not the goal.

And Peter Irons comments on the comment – Peter Irons, author of A People’s History of the Supreme Court from which I have derived material for comment here, I think possibly more than once.

Since this is all out in the open now, I thought I’d comment as a lawyer who specializes in First Amendment issues, including defamation. First, this is a patently frivolous lawsuit, and will not survive a motion to dismiss under Rule 12(b)(6) of the Federal Rules of Civil Procedure, for “failure to state a claim upon which relief can be granted.” Rule 12(b)(6) is the death sentence for cases like this, which never come to trial. I’m sure the Seed lawyers are now drafting a motion to dismiss, which will almost certainly be granted…Yesterday, I had an interesting half-hour phone conversation with Pivar’s lawyer, Michael J. Little, who was quite candid with me…The bottom line is that, since Pivar’s lawyer himself has little (no pun intended) hope the case will survive a motion to dismiss, PZ has nothing to worry about…I have learned a lot more about Pivar, including his alleged “friendship” with Steve Gould (who was my close friend from our college days in the 1950s until he died in 2002), but I won’t post it here.

Well let’s hope Pivar has to pay large court costs, that’s all – in fact what the hell, let’s hope a pro bono lawyer or two persuades PZ to counter-sue and Pivar has to give him a very very very lot of money and also go on Oprah to apologize to the nation and the world.

This libel suit against PZ is terrifying – not just for people who write, but for people who read too. If suits like this are possible, then no one can say anything. Magazines of any substance will disappear, newspapers will become even more vacuous than they already are, books will become anorexic and very very dull. How can it be possible to sue someone for an unfavorable book review? Why wasn’t Stuart Pivar politely but firmly escorted out of the building and told not to return?

Note this bit from Blake Stacey:

Down in the comments, my Pharynguloid pals and I started noticing that the laudatory quotes Pivar had stuck on LifeCode couldn’t be traced back to their purported sources. In particular, an endorsement from Neil deGrasse Tyson turned out to be a chimera: the first part from an unrelated NOVA interview, and the second completely fabricated…PZ makes note of the puzzling endorsement situation. He says that he’s written several of the people whose names Pivar invoked, and Neil deGrasse Tyson had written back: “Tyson replied, and has said that part of the quote is an out of context reference to a completely different subject, and that another part is a fabrication. He has asked that Pivar remove his name from his website, which he has not done. Tyson’s name is also prominently used on the back cover of his book — I don’t see that going away, either.”

Isn’t that charming – and that’s the guy who’s suing someone for writing a critical review of his book. What’s the thinking here – that because Neil deGrasse Tyson ‘endorsed’ the book on Pivar’s website therefore a critical review must be not only libel but assault? That fabricating endorsements is okie dokie but saying a book is not good is libelous?

Tim Sandefur gives some legal analysis here.

Pivar (who appears to be a serial abuser of the courts) is demanding damages due to a book review Myers wrote in which he called Pivar a “classic crackpot.” Well, I’m here to say that Pivar is more than a crackpot. He’s a crackpot, an idiot, a moron, a fool, a bully, and an abuser of the legal system who deserves to be sanctioned for filing a frivolous and baseless case for no reason other than to infringe on PZ Myers’ constitutionally protected right of free speech.

He goes on to say that you can’t sue someone for libel for expressing an opinion (as in calling someone a fool) and that Pivar is a public figure and ‘a public figure cannot sue for libel except under very rare circumstances that are not present here. By publishing a book—especially a book with crackpot notions on scientific matters—Pivar has become a limited public figure at least, and has no grounds to file a lawsuit like this.’

Let’s hope the case gets thrown out before the ink is dry on the parking ticket and that it won’t cost either PZ or Seed a lousy rusty dime.