The Skeptical Teacher

Musings of a science teacher & skeptic in an age of woo.

Posts Tagged ‘lawsuit’

Creationists in Kansas Come Full Circle: They File a Lawsuit Against the Teaching of Evolution

Posted by mattusmaximus on September 28, 2013

Have you ever heard that phrase: truth can be stranger than fiction?  Well, the topic of this blog post seems to fit that statement.  In the history of creationism vs. evolutionary science, there have been all kinds of shenanigans played by creationists in their attempts to promote their religion as science; in the beginning, this often took the form of outright bans against the teaching of evolution.  In fact, it was just such a state ban in Tennessee that led to the now famous Scopes Monkey Trial in 1925.

Well, here we are nearly nine decades after that opening salvo in the creationist/evolution battles, and creationists in Kansas are taking a page from the old (and I mean OLD) playbook… they are filing a lawsuit to stop the implementation of the Next Generation Science Standards (since the NGSS promotes the teaching of evolution, which they claim “promotes atheism and materialism”).  Read this report from the National Center for Science Education for more details:

Anti-NGSS lawsuit filed in Kansas

Are the Next Generation Science Standards unconstitutional? A complaint filed in the United States District Court for the District of Kansas on September 26, 2013, alleges so. The complaint inCOPE et al. v. Kansas State Board of Education et al.contends (PDF) that the NGSS and the Framework for K-12 Science Education (on which the NGSS are based) “will have the effect of causing Kansas public schools to establish and endorse a non-theistic religious worldview … in violation of the Establishment, Free Exercise, and Speech Clauses of the First Amendment, and the Equal Protection Clauses of the 14th Amendment” (pp. 1-2). The plaintiffs ask for a declaratory judgment in their favor and for an injunction prohibiting the implementation of the NGSS in Kansas or, failing that, an injunction prohibiting the implementation of the sections of the NGSS to which they object.

NCSE’s Joshua Rosenau told the Associated Press (September 26, 2013) that it was a familiar argument, but “no one in the legal community has put much stock in it.” He added, “They’re trying to say anything that’s not promoting their religion is promoting some other religion,” and dismissed the argument as “silly.” Steven Case, director of the University of Kansas’s Center for Science Education, concurred, citing previous court rulings as evidence that the new lawsuit “won’t hold up.” “This is about as frivolous as lawsuits get,” Case told the Associated Press. The Kansas state board of education voted 8-2 to accept the Next Generation Science Standards on June 11, 2013, as NCSE previously reported, and the lawsuit is evidently attempting to undo the decision. … [emphasis added]

I would like to speak to Josh Rosneau’s comment that I put in bold above; this really is the kind of thinking employed by creationists.  They believe that you’re either with them or against them, and there’s no such thing as a grey area within their black and white thinking.  Therefore, if you are not actively promoting their religious beliefs, then you are by default promoting the opposite of their religious beliefs which is atheism.  Never mind that one can hold religious beliefs, even adhere to Christianity, and still accept evolutionary science; these creationists think that there can be no room at all for modern science within their belief system.  So, if they view science as the enemy – as arch-creationist Ken Ham and his followers appear to believe – then science must be fought at every turn.  Hence stupidity like this lawsuit…

thestupiditburns

Of course, I have no doubt that this lawsuit will go down in flames, as it should.  And I have no doubt that it will prove to be yet another embarrassing blow to the creationist movement, maybe becoming as famous as the Dover vs. Kitzmiller trial a few years ago.  But I also have no doubt that these creationists will not stop there; they will attempt to thwart every effort to teach good science in our public schools.  And because of that fact, we must be ever vigilant.

Posted in creationism, education | Tagged: , , , , , , , , , , , , , , , , , , , , , , , , , | 2 Comments »

Tennessee “Monkey Bill” Becomes Law and Science Education There Backslides

Posted by mattusmaximus on April 11, 2012

The National Center for Science Education has reported that the infamous “Monkey bill” in Tennessee has now become law by default, because while Gov. Haslam didn’t sign the bill, his refusal to veto it led to it automatically becoming law after a certain waiting period.  More from the NCSE…

Governor Bill Haslam allowed Tennessee’s House Bill 368 to become law without his signature on April 10, 2012, according to the Memphis Commercial Appeal (April 10, 2012). The law encourages teachers to present the “scientific strengths and scientific weaknesses” of topics that arouse “debate and disputation” such as “biological evolution, the chemical origins of life, global warming, and human cloning.”

In a statement, Haslam explained, “I have reviewed the final language of HB 368/SB 893 and assessed the legislation’s impact. I have also evaluated the concerns that have been raised by the bill. I do not believe that this legislation changes the scientific standards that are taught in our schools or the curriculum that is used by our teachers. However, I also don’t believe that it accomplishes anything that isn’t already acceptable in our schools. The bill received strong bipartisan support, passing the House and Senate by a three-to-one margin, but good legislation should bring clarity and not confusion. My concern is that this bill has not met this objective. For that reason, I will not sign the bill but will allow it to become law without my signature.” …

… Probably contributing to Haslam’s unwillingness to sign the bill were the protests from state and national civil liberties, educational, and scientific groups, the editorials against the bill from the state’s major newspapers, and the petition effort organized by Larisa DeSantis of Vanderbilt University, which garnered thousands of signatures calling for a veto of HB 368.

What happens next seems inevitable: sooner or later, some creationist teachers are going to attempt to use this law as cover to teach creationism in public school science classes; they’ll get called out on it and taken to court; they will lose, likely costing the state many millions of dollars (plus giving them much-deserved embarrassment) in the process.

It looks like Tennessee has taken one step along the road presented by this graphic:

Way to go, Tennessee!  Welcome back to the 19th century!!!

Posted in creationism, education, politics | Tagged: , , , , , , , , , , , , , , , , , , , , , , , , , , | Leave a Comment »

Help to Turn Back the Assault on Science Education in Tennessee!

Posted by mattusmaximus on April 4, 2012

Finally getting back to completing my series of recent posts about evolution and creationism (see here and here for the previous ones), I wanted to pass along an update about a situation in Tennessee.  It seems that, in its infinite wisdom, the Tennessee legislature has decided to pass  its own version of the Louisiana “Academic Freedom” Law, which is little more than a touchy-feely way of saying that they want to protect teachers who want to teach creationism in public school science classes. The National Center for Science Education has an update on the bill…

Continued opposition to Tennessee’s “monkey bill”

Tennessee’s House Bill 368 was sent to Governor Bill Haslam on March 29, 2012 — and columnists in newspapers across the state are continuing to press the case against the bill. Nicknamed the “monkey bill” by former Speaker of the House Jimmy Naifeh, HB 368 would encourage teachers to present the “scientific strengths and scientific weaknesses” of topics that arouse “debate and disputation” such as “biological evolution, the chemical origins of life, global warming, and human cloning.” Haslam now has till April 9, 2012, to sign the bill, allow it to become law without his signature, or veto it.

The Murfreesboro Daily News Journal (March 29, 2012) editorially lamented, “At a time when Tennessee is becoming a national center for technological and alternative fuel research and development, it is odd — to say the least — that our state Legislature would push scientific debate back more than 85 years,” adding, “Science and teacher associations across the state and nation oppose this legislation, yet our Legislature is determined to impose its will on the classrooms of Tennessee, showing a general disrespect for scientific academia in favor of running its religious views up a flagpole.”

Writing in The Tennessean (March 29, 2012), Leslie Brunetta — a science writer and cancer survivor — argued that antievolution bills such as Tennessee’s “are bad for my health and the health of each of the 1.5 million Americans diagnosed with cancer every year,” for while evolutionary theory helps to guide cancer research, the “challengers of evolution theory” provide no actual research program. She concludes, “If you’re looking for a cure for your cancer, don’t look to evolution-deniers for hope. As for me, I give thanks to Darwin and the researchers who have stood on his shoulders.”

And writing in the Knoxville News Sentinel (March 30, 2012), columnist Pam Strickland commented, “Tennessee has already tried this teaching creationism once before, The story is known worldwide as the Scopes Monkey Trial and is told through the play and movie ‘Inherit the Wind.'” She added, “if Haslam or his staff is reading, they need to know that the American Association for the Advancement of Science, the National Association of Biology Teachers, the National Association of Bioscience Teachers and the National Earth Science Teachers Association are all against HB 368.”

So that’s the bad news: the Tennessee legislature has passed the bill.  But there is good news: it seems that the governor of Tennessee is having serious reservations about signing the bill into law, seemingly because he sees it as ripe for a lawsuit which the state will inevitably lose while spending millions upon millions of dollars in court costs attempting to defend.  And, especially in a time when taxpayer dollars are so tight, it doesn’t make much fiscal sense to try defending a law which is highly likely to go down in flames.

That’s where you and I come in: we need to help encourage Gov. Haslam to veto this bad legislation!  To do so, please consider signing onto the following petition, and then spread the word to all of your friends – especially the ones who live in Tennessee!

Urge Tennessee Governor Haslam to support sound science and veto HB 368

As parents, educators, and concerned citizens, we call on you to veto HB 368, which encourages teachers to present scientific topics such as evolution and global warming as “controversial.” This bill is deeply misleading and will only serve to confuse students about well-established scientific concepts. Our children need the best education possible in order to excel in college, compete in a 21st-century job market, and cope with the future challenges of climate change. Governor Haslam, we strongly urge you to support sound science and veto HB 368. …

Click here to read the entire petition

Posted in creationism, education, politics | Tagged: , , , , , , , , , , , , , , , , , , , , , , , , , | 3 Comments »

Placebo Band Bracelets and Opportunity for Easy Skeptical Activism

Posted by mattusmaximus on August 14, 2011

I have written before on this blog about the scam called Power-Balance, and how that company has raked in huge gobs of cash by essentially lying to its customers.  In fact, in Australia the company has basically been banned for false advertising, and fortunately more and more people are cluing in to this nonsense here in the United States.  But to help along everyone’s critical thinking skills as well as expose the Power-Balance for the scam that it is, I want to pass along to you a wonderful opportunity to engage in some easy and fun skeptical activism.  Dear reader, I give you the Placebo Band!

The Placebo Band: image courtesy of SkepticBros

There are two outlets for the Placebo Band, the original one at SkepticBros out of Australia and a new North American affiliate at the Placebo Band Store.  In addition, you can find testimonials on the power of  the Placebo Band, as well as instructions on how to educate your friends on how the whole thing works (hint: think placebo effect, hence the name ;) )

For example, here’s a real* testimonial on the power of the Placebo Band.  Order yours today!!!

*And by “real”, I mean totally fake :)

Posted in humor, medical woo, physics denial/woo, skeptical community | Tagged: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , | 1 Comment »

Bogus Power Balance Bracelets Get PWNed

Posted by mattusmaximus on January 22, 2011

Have you heard about the “Power Balance” bracelet?  It is a supposedly amazing device which, when worn, apparently confers to the wearer greater strength, balance, and flexibility!  Amazing!!!  Just watch this video “proving” the wonders of the Power Balance technology!

The Power Balance technology is supposed to work by…

… harnessing naturally occurring frequencies by programing them into a Mylar hologram.

That’s a quote directly from the Power Balance video above, and it’s complete and utter garbage. Firstly, as a physics professor, I can tell you that the goober in the video peddling this nonsense (and his bosses manufacturing and marketing it) don’t know the first damn thing about “naturally occurring frequencies” or “holograms” – if they did they wouldn’t be putting them into the same sentence.

Second, it is quite easy to definitively show that this whole Power Balance scheme is just a big, fat scam.  Just take a look at how skeptic Richard Saunders and his crew at the SkepticZone demonstrate how the scam works…

Third, it’s not just skeptics like me and Richard Saunders pointing out the scam, but it seems the law in the United States is catching up with the Power Balance charlatans as well.  Just look at this article at the Podblack Cat blog :)

Power Balance Bracelet Facing USA Class-Action Lawsuit

It’s official – if you’re in the USA and brought a Power Balance bracelet, you can sign up at

www.powerbalanceclassaction.com

And be a part of the nationwide class-action lawsuit against the makers of the Power Balance bracelet.

Wow, that’s a triple whammy.  Spread the word far and wide about this scam, because these charlatans are actively marketing & selling this bogus product to far too many gullible customers.  Folks, you might as well burn your money for all the good it’ll do you.  In short, I think it is appropriate to deliver the following message to the Power Balance company…

Posted in medical woo, physics denial/woo | Tagged: , , , , , , , , , , , , , , , , , , , , , , , , , , | 3 Comments »

Institute for Creation Research Loses Texas Lawsuit Over “Master’s” Degree in Creation Science

Posted by mattusmaximus on June 23, 2010

In a bit of good news from our friends at the National Center for Science Education (NCSE), it appears that the young-earth creationist organization called the Institute for Creation Research (ICR) has lost its court battle in Texas against the Texas Higher Education Coordination Board.  Apparently, ICR was suing the Board for it refusing to recognize the ICR’s “Master’s” degree in science education.  If ICR had called it a Master’s degree in pseudoscience education, then perhaps things would have gone differently ;)

Anyway, read on for the full update from NCSE on this welcome development…

The Institute for Creation Research suffered a significant legal defeat in its lawsuit over the Texas Higher Education Coordination Board’s 2008 decision to deny the ICR’s request for a state certificate of authority to offer a master’s degree in science education from its graduate school. A June 18, 2010, ruling in the United States District Court for the Western District of Texas found (PDF, p. 38) that “ICRGS [the Institute for Creation Research Graduate School] has not put forth evidence sufficient to raise a genuine issue of material fact with respect to any claim it brings. Thus, Defendants are entitled to summary judgment on the totality of ICRGS’s claims against them in this lawsuit.”

As NCSE’s Glenn Branch explained in Reports of the NCSE, “When the Institute for Creation Research moved its headquarters from Santee, California, to Dallas, Texas, in June 2007, it expected to be able to continue offering a master’s degree in science education from its graduate school. … But the state’s scientific and educational leaders voiced their opposition, and at its April 24, 2008, meeting, the Texas Higher Education Coordination Board unanimously voted to deny the ICR’s request for a state certificate of authority to offer the degree.” Subsequently, the ICR appealed the decision, while also taking its case to the court of public opinion with a series of press releases and advertisements in Texas newspapers.

The issue was not, strictly speaking, about accreditation, but about temporary state certification, which would have enabled the ICR graduate school to operate while it sought accreditation. When in California, the ICR graduate school was accredited by the Transnational Association of Christian Colleges and Schools, which requires candidate institutions to affirm a list of Biblical Foundations, including “the divine work of non-evolutionary creation including persons in God’s image.” TRACS is not recognized by the state of Texas, however, and after the ICR moved from Santee, California, to Dallas, Texas, the ICR expressed its intention to seek accreditation from the Southern Association of Colleges and Schools.

Finally, the ICR filed suit against THECB in 2009, accusing it and its members of imposing “an unconstitutional and prejudicial burden against ICRGS’s academic freedom and religious liberties.” The prolix style of the ICR’s initial complaint — which the Dallas Observer (April 20, 2009) quipped “reads kind of like stereo instructions” — was apparently continued in its subsequent documents; the court complained, “It appears that although the Court has twice required Plaintiff to re-plead and set forth a short and plain statement of the relief requested, Plaintiff is entirely unable to file a complaint which is not overly verbose, disjointed, incoherent, maundering, and full of irrelevant information” (p. 12).

In summary, the ICR claimed that THECB’s actions violated its rights to free exercise, free speech, and equal protection, its rights to procedural and substantive due process, and its rights under the Texas Religious Freedom Restoration Act, as well as that “Standard 12″ — the civil regulation on which THECB’s decision was based (19 Texas Administrative Code sec. 7.4(14)) — was vague. The court found merit in none of these claims. With respect to the free exercise claim, for example, the court found that “the Board’s decision was rationally related to a legitimate governmental interest, and there is no evidence the decision was motivated by animus toward any religious viewpoint” (p. 24).

Posted in creationism, education | Tagged: , , , , , , , , , , , , , , , , , , , , , , | 1 Comment »

Simon Singh Wins Against the British Chiropractic Association!

Posted by mattusmaximus on April 16, 2010

Good news!  It seems that the BCA has dropped its libel case against Simon Singh – this is a huge win for skepticism & free inquiry!  Here are the details… :)

The British Chiropractic Association has dropped its libel case against Simon Singh. Read Simon’s, our and some of our supporters’ reactions to the news here: www.senseaboutscience.org.uk/index.php/site/project/478 Keep an eye out for coverage about this today – there has already been lots, I’ll include a few links below.

We are so pleased for Simon that the BCA has dropped the case but the campaign is far from over. Until we have a public interest defence that can protect discussion and comment about evidence and research, scientists, commentators, bloggers, forum users, authors and NGOs will continue to be bullied into silence, and cardiologist Dr Peter Wilmshurst is still fighting to defend his right to speak out about a medical device clinical trial.

With your support the Coalition for Libel Reform has secured manifesto commitments from all the major parties. But we need to continue to put pressure on politicians to make sure these promises are turned into meaningful reform once the new government is in place. We are organising a Free Speech General Election Hustings where you can come and question politicians on their commitment to libel reform for Wednesday 21st April in London. Check http://www.libelreform.org/ for more details about this soon.

The campaign reached 50,000 signatures of support last night. We really need to double this to keep the pressure up and make sure the politicians are aware of how serious the need for libel reform is. Please do all you can to help us reach our target by encouraging people to sign up at http://www.libelreform.org/

Best

Síle

Times Online Science writer Simon Singh wins bitter libel battle

BBC News Case dropped against Simon Singh

The Guardian Simon Singh libel case dropped

For an updated list of coverage see www.senseaboutscience.org.uk/index.php/site/project/478

Posted in free inquiry, medical woo, skeptical community | Tagged: , , , , , , , , , , , , , , , , , , , , , , , | Leave a Comment »

Update from Simon Singh & the Campaign for Libel Reform

Posted by mattusmaximus on April 11, 2010

I just wanted to pass along to you a quick update concerning the ongoing United Kingdom court battle of Simon Singh vs. the British Chiropractic Association (my earlier blog posts on this matter are here and here).  In fact, Simon just recently received some very good news regarding the whole situation…

Sorry for the silence, but it has been a ridiculously hectic (and happy) time since last week’s victory at the Court of Appeal. However, I urgently wanted to get in touch to update you on the status of my case, the latest news on libel reform and what you can do today to push libel reform up the political agenda.

BCA v Singh

April Fool’s Day 2010 was a day to remember. The Court of Appeal gave a ruling in my libel case with the British Chiropractic Association. The ruling strongly backs my arguments and puts me in a much stronger position when my trial eventually takes place. At last, after two years of defending my article and my right to free speech, I seem to have the upper hand and can breathe a small sigh of relief.

Moreover, the judges made it clear that they did not want to see scientists and science journalists being hauled through the High Court. In particular, they endorsed the view that a so-called comment defence should be adequate for scientific and other articles on matters of public interest. As well as the legal technicalities, the three wise, charming and handsome judges quoted Milton on the persecution of Galileo and directed that the High Court should not become an “Orwellian Ministry of Truth”.

Libel Reform Campaign

This is a small step forward for libel reform, but there is still a huge battle to be fought over the issues of costs, libel tourism, public interest defence, balancing the burden of proof, restricting the ability of powerful corporations to bully individuals (e.g., bloggers, journalists, scientists) and so on.

The General Election was called yesterday and the manifestos will be published in the next week, so we need one last push to persuade the major parties to commit to libel reform. Although we have already achieved a huge amount (from editorials in all last week’s broadsheets to the Commons Select Committee recommending libel reform), we must keep up the pressure!

Both the Labour and Conservative parties have made encouraging sounds about libel reform, but now is the time for them to make commitments in their manifestos.

What you can do today to pressure politicians

I have spent over a million minutes and £100,000 defending my article and my right to free speech, so I am asking you to spend just one minute and no money at all persuading others to sign the petition for libel reform at www.libelreform.org/sign

The last time I made this request, we doubled the number of signatories from 17,000 to 35,000. Can we now double the number from almost 50,000 to 100,000?!

You could ask parents, siblings, colleagues or friends to sign up. You could email everyone in your address book. You could blog about it, mention it to your Facebook friends and Twitter about it. In fact, I have pasted some possible tweets at the end of this email – it would be great if you could twitter one, some or all of them.

You could forward all or part of this email to people or just steer them to www.libelreform.org/sign. Or you could persuade people that English libel law needs radical reform by using some of the reasons listed at the end of this email.

Remember, we welcome signatories from around the world because English libel law has a damaging impact globally.

Please, please, please apply maximum pressure to the politicians by encouraging as many new signatories as possible. Please do not take my victory last week as a sign that the battle is over. My case is still ongoing and the campaign for libel reform is only just starting.

Thanks for all your support – it has been incredibly important for the campaign and a real morale booster personally over the last two years.

Simon Singh

Posted in free inquiry, medical woo, skeptical community | Tagged: , , , , , , , , , , , , , , , , , , , , , , , | Leave a Comment »

Update on the “Sense About Science” Campaign

Posted by mattusmaximus on December 14, 2009

As some of the regular readers of this blog may recall, there is currently a case pending in the United Kingdom which could have potentially far-reaching consequences regarding issues of free speech & skepticism.  Of course, I’m referring to the now-famous case of Simon Singh vs. the British Chiropractic Association and the associated grass-roots effort by our friends over at Sense About Science to reform the libel laws in the UK.  Since I last blogged about it, there have been some interesting developments.  I wanted to pass along the latest update I’ve received on this issue, so here goes…

Dear Friends

A message from Simon Singh:

“It has been 18 months since I was sued for libel after publishing my article on chiropractic. I am continuing to fight my case and am prepared to defend my article for another 18 months or more if necessary. The ongoing libel case has been distracting, draining and frustrating, but it has always been heartening to receive so much support, particularly from people who realise that English libel laws need to be reformed in order to allow robust discussion of matters of public interest. Over twenty thousand people signed the statement to Keep Libel Laws out of Science, but now we need you to sign up again and add your name to the new statement.

The new statement is necessary because the campaign for libel reform is stepping up a gear and will be working on much broader base. Sense About Science has joined forces with Index on Censorship and English PEN and their goal is to reach 100,000 or more signatories in order to help politicians appreciate the level of public support for libel reform. We have already met several leading figures from all three main parties and they have all showed signs of interest. Now, however, we need a final push in order to persuade them to commit to libel reform.

Finally, I would like to make three points. First, I will stress again – please take the time to reinforce your support for libel reform by signing up at www.libelreform.org. Second, please spread the word by blogging, twittering, Facebooking and emailing in order to encourage friends, family and colleagues to sign up. Third, for those supporters who live overseas, please also add your name to the petition and encourage others to do the same; unfortunately and embarrassingly, English libel laws impact writers in the rest of the world, but now you can help change those laws by showing your support for libel reform. While I fight in my own libel battle, I hope that you will fight the bigger battle of libel reform.”

And from me, Síle:

The campaign for libel reform was launched by Sense About Science, Index on Censorship and English PEN on Wednesday 9th December. You can read about it in the following articles:

BBC NEWS Comic Dara O Briain says libel laws ‘quash dissent’

The Times Scientists urge reform of ‘lethal’ libel law

The Independent Comic Dara O Briain lambasts ‘bully’ libel law

The Mirror Dara O Briain wants libel reform

THE UCL provost: libel law is stifling academic freedoms

New Scientist blog Campaign to reform English libel law launched

Press Gazette‘Libel can kill – reform it now’

The Press AssociationDara O Briain wants libel reform

To read the background of this campaign see www.senseaboutscience.org/freedebate. We still need your support. Add your voice at www.libelreform.org and help us reach our fundraising target at www.justgiving.com/bookfund.

Best

Síle

Síle Lane
Public Liaison
Sense About Science
25 Shaftesbury Avenue
London W1D 7EG
Reg. Charity No. 1101114
Tel: +44 (0)20 7478 4380
www.senseaboutscience.org

Sense About Science is a small charity that equips people to make sense of science and evidence. We depend on donations, large and small, from people who support our work. You can donate, or find out more, at www.senseaboutscience.org/donate

Posted in free inquiry, medical woo, skeptical community | Tagged: , , , , , , , , , , , , , , , , , , , , , , , | 1 Comment »

Update on Simon Singh vs. British Chiropractic Association: Singh Wins Leave to Appeal

Posted by mattusmaximus on October 15, 2009

Good news!  :) Here’s a quick update of the situation in the ongoing trial of Simon Singh vs. the British Chiropractic Association.  It seems that Singh has been granted a leave to appeal the court’s earlier decision against him…

*Note: for some background on this issue, see my earlier blog post – Silencing Skepticism: The Case of Simon Singh

Simon Singh wins leave to appeal in BCA libel case

14 Oct 2009

singhA court ruling today affirmed science writer Simon Singh’s right to free expression. It grants him leave to appeal Mr Justice Eady’s ruling against him in a libel action brought by the British Chiropractic Association, reports Padraig Reidy

Popular science writer Simon Singh has been granted leave to appeal in the libel action brought against him by the British Chiropractic Association.

In a scathing rebuttal of Mr Justice Eady’s previous judgement in the case, Lord Justice Laws said Eady had risked swinging the balance of rights too far in favour of the right to reputation and against the right to free expression. Lord Justice Laws described Eady’s judgement, centred on Singh’s use of the word “bogus” in an article published by the Guardian newspaper, as “legally erroneous”.

Laws also pointed out that Eady’s judgement had conflated two issues — the meaning of the phrases complained of, and the issue of whether the article was presented as fact or fair comment.

Laws said there was “no question” of the “good faith” of Singh in writing the article, as the matter was “clearly in the public interest”.

Speaking after the judgement, Singh told Index on Censorship this was the “best possible result”.

“But I try not to get my hopes up,” he continued. “We have only won leave to appeal. Now we must convince the court of appeal on the issue of meaning. There is a long battle ahead. Reform of English libel laws, particularly the right to a public interest defence and a fairer costs structure, are vital.”

The BCA was not represented at this morning’s hearing.

Posted in free inquiry, medical woo, skeptical community | Tagged: , , , , , , , , , , , , , , , , , , , , , , , , | 1 Comment »

 
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