Business
Column: The climate scientist who just won a $1-million judgment against climate change deniers
One of the major issues confronting scientists today — especially those working in the heavily politicized fields of global warming, vaccines and the origin of COVID-19 — is how to deal with the torrents of misinformation and disinformation, some of it personal, pushing back against their work.
Climate scientist Michael E. Mann just found an answer. Sue the critics — and win.
Last week, a Washington, D.C., jury awarded Mann more than $1 million in punitive damages against two right-wing writers who had accused him of research fraud.
I hope this verdict sends a message that falsely attacking climate scientists is not protected speech.
— Climate scientist Michael Mann
The jurors didn’t appear to find this a close question. They ruled that the online posts written by Rand Simberg and Mark Steyn breached the legal standards applied to defamation lawsuits involving a public figure such as Mann — that their writings asserted facts that were “provably false” and that they knew or should have known that their assertions were false.
The jury awarded Mann $1 in compensatory damages from each defendant, plus $1,000 in punitive damages from Simberg and $1 million in punitive damages from Steyn. The verdicts capped a painful 12-year battle that Mann waged to protect his reputation from trolls questioning his integrity.
“I hope this verdict sends a message that falsely attacking climate scientists is not protected speech,” Mann said after the verdict.
There’s more to the case than the exoneration of a single scientist. The verdict scored a direct hit on personal attacks on scientists using innuendo and outright lies, all aimed at advancing partisan and economic ideologies by undermining scientific research.
“The attacks denigrating science and trying to undercut science, both for climate science and biomedicine, [are] not just about the science,” Peter Hotez, a leading authority on medicines and vaccines and a prominent foe of anti-science politics, told PBS.
“It’s now gone the next step to attack the scientists and portray us as public enemies,” said Hotez, who is collaborating with Mann on a book about the anti-science movement. “Both Michael and I are stalked regularly. We receive threats online, phone calls to the office, sometimes physical confrontations. So it’s gone out to that new level.”
Scientists working in all fields subjected to partisan critiques have lamented that the flow of lies about their work and about established science can be unrelenting.
The critics are financed by right-wing foundations and their claims repeated at congressional hearings — typically, these days, chaired by House Republicans aiming to pump conspiracy theories into the mainstream. Sometimes, as many targets have experienced, the criticism degenerates into personal threats and physical confrontations.
Much is at stake in these battles. Global warming is an elemental threat to life on Earth, and ignoring it as its deniers advocate is a recipe for extinction. Campaigns by anti-vaccine activists can cause sickness and death for untold millions in the U.S. and worldwide.
To understand Mann’s case, it helps to start at the beginning.
In 1998 and 1999, Mann and colleagues published two papers reporting that global temperatures, which had been stable for at least a millennium, began rising sharply during the 20th century and especially in the last 50 years. They used evidence from tree rings, sediment cores from oceans, caves and lakes and ice cores from glaciers to reconstruct climate patterns of the distant past.
The famous “hockey stick” graph developed by Michael Mann and colleagues showed average climate temperatures soaring sharply over the last century as burning of fossil fuels increased.
(Intergovernmental Panel on Climate Change)
The 1999 paper illustrated their findings with what became known as the “hockey stick” graph because it resembled that implement with a long horizontal shaft (the distant past) ending with a nearly upright blade (recent times).
Mann’s research and the graph drew immediate pushback from global warming deniers, who questioned his data and methodology. After 2009, when emails among climate scientists including Mann were hacked from the files of the University of East Anglia in Britain and cherry-picked to suggest that the scientists were manipulating their data, they also questioned his integrity.
The attacks on Mann should have been ended by a series of official investigations through 2021 that cleared him of research wrongdoing, including two by Pennsylvania State University, where Mann taught from 2005 to 2022, and another by the National Science Foundation.
In all, eight separate investigations by official bodies found Mann innocent of wrongdoing or validated his research findings; the results all were made public. But the attacks continued, even up to this day. (Mann is now at the University of Pennsylvania.)
That brings us to the noxious posts by Simberg and Steyn.
Simberg’s post, titled “The Other Scandal in Unhappy Valley,” was published by the Competitive Enterprise Institute on July 12, 2012 — after Mann had been cleared. It’s worth noting that the CEI is a free-enterprise think tank that has been funded by the Koch network, other far-right moneybags and the tobacco industry, and that global warming denial has been one of its favorite themes.
Simberg drew a connection between the scandal in the Penn State football program involving a cover-up of sexual molestations by Jerry Sandusky, an assistant coach, and the university’s purported “whitewash” of Mann’s hockey stick deceptions. (The headline referred to the nickname of Penn State’s scenic location, “Happy Valley.”)
“Mann could be said to be the Jerry Sandusky of climate science,” Simberg wrote, “except for instead of molesting children, he has molested and tortured data in the service of politicized science.”
CEI has left Simberg’s post up on its website but has excised his references to Sandusky as “inappropriate.” However, the full post, including its original references to Sandusky, was reprinted in a 2016 decision by a Washington, D.C., court of appeals that allowed Mann’s case against the writers to proceed to trial.
Steyn followed Simberg’s post with his own, published in the conservative organ National Review on July 15.
While writing, apropos of Simberg’s Sandusky reference, that he was “not sure I’d have extended that metaphor all the way into the locker-room showers,” Steyn asserted that Simberg “has a point.” He called Mann’s hockey-stick graph “fraudulent.”
Steyn and Simberg both questioned the investigations that cleared Mann. Simberg noted that Penn State’s investigators were all tenured professors on its faculty. Steyn wrote, “If an institution is prepared to cover up systemic statutory rape of minors, what won’t it cover up?”
Simberg also referred disdainfully to a 2011 investigation by the National Science Foundation’s inspector general, which exonerated Mann, writing that it relied on information from Penn State and therefore was “not truly independent.”
A couple of points about that. First, Simberg wrote that the investigation was by the National Academy of Sciences, which is different from the NSF. (The NAS conducted its own investigation upholding Mann’s work, in 2006, but that’s not the one Simberg quoted.)
Second, the NSF’s office of inspector general specifically stated that in its investigation it did not rely on Penn State.
Rather, it examined “a substantial amount of publicly available documentation concerning both [Mann’s] research and parallel research conducted by his collaborators and other scientists” in the field of global warming, and also interviewed Mann, “critics, and disciplinary experts” before finding that there was no evidence that Mann “falsified or fabricated any data.”
National Review defended itself and Steyn’s column with the sort of vacuous braggadocio that is its stock in trade.
In a 2012 editorial headlined “Get Lost,” its editor, Rich Lowry, laughed off Mann’s threat to file a lawsuit by pledging that if Mann did so it would be pleased to engage in “extremely wide-ranging” discovery — “we will be doing more than fighting a nuisance lawsuit; we will be embarking on a journalistic project of great interest to us and our readers.”
In any event, National Review turned tail and ran. It persuaded the D.C. court to drop it from Mann’s lawsuit in 2021 by pleading that Steyn wasn’t its employee but merely an “independent contractor” and that none of its employees had reviewed his posting until it was published on its website, which it portrayed as sort of a neutral landing place for posts to appear. That “journalistic project of great interest”? Fugeddaboutit.
The Competitive Enterprise Institute also got itself dismissed from Mann’s lawsuit in 2021 via a similar argument that a judge described as “an assertion of ignorance”: It said Simberg wasn’t its employee and that the low-level employee who did review his article before it posted checked it only for “formatting error and typos,” not for content.
National Review continued to ridicule Mann. In January, as the trial against the writers began in a D.C. courtroom, it labeled Mann “a darling of fashionable opinion,” placed his case in the category of “runaway snowflakery” and called it “laughably weak.” (Whoops.) Given the publication’s court-ordered immunization against liability, it appeared to be taking on the role of a bully who goads others into waging battle with the words, “Let’s you and him fight.”
Now that the verdict is in, National Review is wrapping itself in the U.S. Constitution. It editorialized that a few blocks from the courthouse, “at the National Archives Museum, the 1st Amendment faded a little on its parchment.”
It asserted that Mann won the $1-million verdict merely for a blog post that did no more than “ruffle [his] feathers.” It charged that Mann’s “mendacity and egomania” motivated his lawsuit.
“Ultimately, this lawsuit is not about Mark Steyn or about conservative magazines or about climate change,” National Review wrote, “but about the integrity of free speech in these United States.”
The truth is, however, that Steyn and Simberg lost only after the jury applied the most stringent standards for defamation lawsuits — standards that have been developed precisely to protect “the integrity of free speech” and that protect serious journalism. Mann had to show that the authors knew or should have known that their factual assertions about his work were false, and that’s exactly what he did.
The lesson embodied in the jury award is not that you can’t smear or defame your targets. The jury didn’t rule that you can’t express an opinion about them or their work in the course of robust debate.
What it did rule, and it isn’t alone in honoring this principle, is that you can’t smear them by parading lies and misrepresentations as though they’re facts — not without paying a price.
That may be a frightful lesson for National Review and other publications like it, but it should be comforting for the rest of us.
Business
WGA cancels Los Angeles awards show amid labor strike
The Writers Guild of America West has canceled its awards ceremony scheduled to take place March 8 as its staff union members continue to strike, demanding higher pay and protections against artificial intelligence.
In a letter sent to members on Sunday, WGA West’s board of directors, including President Michele Mulroney, wrote, “The non-supervisory staff of the WGAW are currently on strike and the Guild would not ask our members or guests to cross a picket line to attend the awards show. The WGAW staff have a right to strike and our exceptional nominees and honorees deserve an uncomplicated celebration of their achievements.”
The New York ceremony, scheduled on the same day, is expected go forward while an alternative celebration for Los Angeles-based nominees will take place at a later date, according to the letter.
Comedian and actor Atsuko Okatsuka was set to host the L.A. show, while filmmaker James Cameron was to receive the WGA West Laurel Award.
WGA union staffers have been striking outside the guild’s Los Angeles headquarters on Fairfax Avenue since Feb. 17. The union alleged that management did not intend to reach an agreement on the pending contract. Further, it claimed that guild management had “surveilled workers for union activity, terminated union supporters, and engaged in bad faith surface bargaining.”
On Tuesday, the labor organization said that management had raised the specter of canceling the ceremony during a call about contraction negotiations.
“Make no mistake: this is an attempt by WGAW management to drive a wedge between WGSU and WGA membership when we should be building unity ahead of MBA [Minimum Basic Agreement] negotiations with the AMPTP [Alliance of Motion Picture and Television Producers],” wrote the staff union. “We urge Guild management to end this strike now,” the union wrote on Instagram.
The union, made up of more than 100 employees who work in areas including legal, communications and residuals, was formed last spring and first authorized a strike in January with 82% of its members. Contract negotiations, which began in September, have focused on the use of artificial intelligence, pay raises and “basic protections” including grievance procedures.
The WGA has said that it offered “comprehensive proposals with numerous union protections and improvements to compensation and benefits.”
The ceremony’s cancellation, coming just weeks before the Academy Awards, casts a shadow over the upcoming contraction negotiations between the WGA and the Alliance of Motion Picture and Television Producers, which represents the studios and streamers.
In 2023, the WGA went on a strike lasting 148 days, the second-longest strike in the union’s history.
Times staff writer Cerys Davies contributed to this report.
Business
Commentary: The Pentagon is demanding to use Claude AI as it pleases. Claude told me that’s ‘dangerous’
Recently, I asked Claude, an artificial-intelligence thingy at the center of a standoff with the Pentagon, if it could be dangerous in the wrong hands.
Say, for example, hands that wanted to put a tight net of surveillance around every American citizen, monitoring our lives in real time to ensure our compliance with government.
“Yes. Honestly, yes,” Claude replied. “I can process and synthesize enormous amounts of information very quickly. That’s great for research. But hooked into surveillance infrastructure, that same capability could be used to monitor, profile and flag people at a scale no human analyst could match. The danger isn’t that I’d want to do that — it’s that I’d be good at it.”
That danger is also imminent.
Claude’s maker, the Silicon Valley company Anthropic, is in a showdown over ethics with the Pentagon. Specifically, Anthropic has said it does not want Claude to be used for either domestic surveillance of Americans, or to handle deadly military operations, such as drone attacks, without human supervision.
Those are two red lines that seem rather reasonable, even to Claude.
However, the Pentagon — specifically Pete Hegseth, our secretary of Defense who prefers the made-up title of secretary of war — has given Anthropic until Friday evening to back off of that position, and allow the military to use Claude for any “lawful” purpose it sees fit.
Defense Secretary Pete Hegseth, center, arrives for the State of the Union address in the House Chamber of the U.S. Capitol on Tuesday.
(Tom Williams / CQ-Roll Call Inc. via Getty Images)
The or-else attached to this ultimatum is big. The U.S. government is threatening not just to cut its contract with Anthropic, but to perhaps use a wartime law to force the company to comply or use another legal avenue to prevent any company that does business with the government from also doing business with Anthropic. That might not be a death sentence, but it’s pretty crippling.
Other AI companies, such as white rights’ advocate Elon Musk’s Grok, have already agreed to the Pentagon’s do-as-you-please proposal. The problem is, Claude is the only AI currently cleared for such high-level work. The whole fiasco came to light after our recent raid in Venezuela, when Anthropic reportedly inquired after the fact if another Silicon Valley company involved in the operation, Palantir, had used Claude. It had.
Palantir is known, among other things, for its surveillance technologies and growing association with Immigration and Customs Enforcement. It’s also at the center of an effort by the Trump administration to share government data across departments about individual citizens, effectively breaking down privacy and security barriers that have existed for decades. The company’s founder, the right-wing political heavyweight Peter Thiel, often gives lectures about the Antichrist and is credited with helping JD Vance wiggle into his vice presidential role.
Anthropic’s co-founder, Dario Amodei, could be considered the anti-Thiel. He began Anthropic because he believed that artificial intelligence could be just as dangerous as it could be powerful if we aren’t careful, and wanted a company that would prioritize the careful part.
Again, seems like common sense, but Amodei and Anthropic are the outliers in an industry that has long argued that nearly all safety regulations hamper American efforts to be fastest and best at artificial intelligence (although even they have conceded some to this pressure).
Not long ago, Amodei wrote an essay in which he agreed that AI was beneficial and necessary for democracies, but “we cannot ignore the potential for abuse of these technologies by democratic governments themselves.”
He warned that a few bad actors could have the ability to circumvent safeguards, maybe even laws, which are already eroding in some democracies — not that I’m naming any here.
“We should arm democracies with AI,” he said. “But we should do so carefully and within limits: they are the immune system we need to fight autocracies, but like the immune system, there is some risk of them turning on us and becoming a threat themselves.”
For example, while the 4th Amendment technically bars the government from mass surveillance, it was written before Claude was even imagined in science fiction. Amodei warns that an AI tool like Claude could “conduct massively scaled recordings of all public conversations.” This could be fair game territory for legally recording because law has not kept pace with technology.
Emil Michael, the undersecretary of war, wrote on X Thursday that he agreed mass surveillance was unlawful, and the Department of Defense “would never do it.” But also, “We won’t have any BigTech company decide Americans’ civil liberties.”
Kind of a weird statement, since Amodei is basically on the side of protecting civil rights, which means the Department of Defense is arguing it’s bad for private people and entities to do that? And also, isn’t the Department of Homeland Security already creating some secretive database of immigration protesters? So maybe the worry isn’t that exaggerated?
Help, Claude! Make it make sense.
If that Orwellian logic isn’t alarming enough, I also asked Claude about the other red line Anthropic holds — the possibility of allowing it to run deadly operations without human oversight.
Claude pointed out something chilling. It’s not that it would go rogue, it’s that it would be too efficient and fast.
“If the instructions are ‘identify and target’ and there’s no human checkpoint, the speed and scale at which that could operate is genuinely frightening,” Claude informed me.
Just to top that with a cherry, a recent study found that in war games, AI’s escalated to nuclear options 95% of the time.
I pointed out to Claude that these military decisions are usually made with loyalty to America as the highest priority. Could Claude be trusted to feel that loyalty, the patriotism and purpose, that our human soldiers are guided by?
“I don’t have that,” Claude said, pointing out that it wasn’t “born” in the U.S., doesn’t have a “life” here and doesn’t “have people I love there.” So an American life has no greater value than “a civilian life on the other side of a conflict.”
OK then.
“A country entrusting lethal decisions to a system that doesn’t share its loyalties is taking a profound risk, even if that system is trying to be principled,” Claude added. “The loyalty, accountability and shared identity that humans bring to those decisions is part of what makes them legitimate within a society. I can’t provide that legitimacy. I’m not sure any AI can.”
You know who can provide that legitimacy? Our elected leaders.
It is ludicrous that Amodei and Anthropic are in this position, a complete abdication on the part of our legislative bodies to create rules and regulations that are clearly and urgently needed.
Of course corporations shouldn’t be making the rules of war. But neither should Hegseth. Thursday, Amodei doubled down on his objections, saying that while the company continues to negotiate and wants to work with the Pentagon, “we cannot in good conscience accede to their request.”
Thank goodness Anthropic has the courage and foresight to raise the issue and hold its ground — without its pushback, these capabilities would have been handed to the government with barely a ripple in our conscientiousness and virtually no oversight.
Every senator, every House member, every presidential candidate should be screaming for AI regulation right now, pledging to get it done without regard to party, and demanding the Department of Defense back off its ridiculous threat while the issue is hashed out.
Because when the machine tells us it’s dangerous to trust it, we should believe it.
Business
Why companies are making this change to their office space to cater to influencers
For the trendiest tenants in Hollywood office buildings, it’s the latest fad that goes way beyond designer furniture and art: mini studios
To capitalize on the never-ending flow of stars and influencers who come through Los Angeles, a growing number of companies are building bright little corners for content creators to try products and shoot short videos. Athletic apparel maker Puma, Kim Kardashian’s Skims and cheeky cosmetics retailer e.l.f. have spaces specifically designed to give people a place to experience and broadcast about their brands.
Hollywood, which hasn’t historically been home to apparel companies, is now attracting the offices of fashion retailers, says CIM Group, one of the neighborhood’s largest commercial property landlords.
“When we’re touring a space, one of the first items they bring up is, ‘Where can I build a studio?’” said Blake Eckert, who leases CIM offices in L.A.
Their studio offices also serve as marketing centers, with showrooms and meeting spaces where brands can host proprietary events not open to the public.
“For companies where brand visibility is really important, there is a trend of creating spaces that don’t just function as offices,” said real estate broker Nicole Mihalka of CBRE, who puts together entertainment property leases and sales.
Puma’s global entertainment marketing team is based in its new Hollywood offices, which works with such musical celebrity partners as Rihanna, ASAP Rocky, Dua Lipa, Skepta and Rosé, said Allyssa Rapp, head of Puma Studio L.A.
Allyssa Rapp, director of entertainment marketing at Puma, is shown in the Puma Studio L.A. The company keeps a closet full of Puma products on hand to give VIP guests. Visits to the studio sanctum are by invitation only, though.
(Kayla Bartkowski / Los Angeles Times)
Hollywood is a central location, she said, for meeting with celebrities, stylists and outside designers, most of whom are based in Los Angeles.
The office is a “creation hub,” she said, where influencers can record Puma’s design prototyping lab supported by libraries of materials and equipment used to create Puma apparel. The company, founded in 1948, is known for its emblematic sneakers such as the Speedcat and its lunging feline logo, and makes athletic wear, accessories and equipment.
Puma’s entertainment marketing team also occupies the office and sometimes uses it for exclusive events.
“We use the space as a showroom, as a social space that transforms from a traditional workplace into more of an experiential space,” Rapp said.
Nontraditional uses include content creation, sit-down dinners, product launches, album listening parties and workshops.
“Inviting people into our space and being able to give them high-touch brand experiences is something tangible and important for them,” she said. “The cultural layer is really important for us.”
The company keeps a closet full of Puma products on hand to give VIP guests. Visits to the studio sanctum are by invitation only, though. There’s no retail portal to the exclusive Hollywood offices.
Puma shoes are on display in the Puma Studio L.A.
(Kayla Bartkowski / Los Angeles Times)
Puma is also positioning its L.A studio as a connection point for major upcoming sporting events coming to Los Angeles, including the World Cup this summer, the 2027 Super Bowl and 2028 Olympics.
In-office studios don’t need to be big to be impactful, Mihalka said. “These are smaller stages, closer to green screen than a massive soundstage.”
Social media is the key driver of content created by most businesses, which may set up small booth-like stages where influencers can hawk hot products while offering discounts to people watching them perform.
Bigger, elevated stages can accommodate multiple performers for extended discussions in front of small audiences, with towering screens behind them to set the mood or illustrate products.
Among the tricked-out offices, she said, is Skims. The company, which is valued at $5 billion, is based in a glass-and-steel office building near the fabled intersection of Hollywood Boulevard and Vine Street.
The fashion retailer declined to comment on the studio uses in its headquarters, but according to architecture firm Odaa, it has open and private offices, meeting rooms, collaboration zones, photo studios, sample libraries, prototype showrooms, an executive lounge and a commissary for 400 people.
Pieces of a shoe sit on a workbench in the Puma Studio L.A.
(Kayla Bartkowski / Los Angeles Times)
The brands building studios typically want to find the darkest spot on the premises to put their content creation or podcast spaces, Eckert said, where they can limit outside light and sound. That’s commonly near the center of the office floor, far from windows and close to permanent shear walls that limit sound intrusion.
They also need space for green rooms and restrooms dedicated to the talent.
Spotify recently built a fancy podcast studio in a CIM office building on trendy Sycamore Avenue that is open by invitation-only to video creators in Spotify’s partner program.
“Ambitious shows need spaces that support big ideas,” Bill Simmons, head of talk strategy at Spotify, said in a statement. “These studios give teams room to experiment and keep pushing what’s possible.”
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