Not just a Hockeystick, but borrowing from official CNN language last week, this appears to be the legal equivalent of a f***stick. It is quite a read.
McIntrye, McKittrick, Christy, and Andrew Montford among others are referenced.
Excerpts:
Critics of the hockey-stick graph have focused on what they believe to be four serious flaws in its underlying methodology.
First, they have questioned the reliability of the graph’s underlying data. Because there are no thermometer records before the middle of the 19th century, the bulk of the hockey stick is composed of so-called “proxy” data, such as ancient tree rings, sedimentary pollen levels, and oxygen isotopes frozen in polar ice caps. Dr. Mann argues that these proxy data can be interpreted to provide an accurate record of global temperatures going back more than a thousand years. Some critics disagree. They argue, for example, that tree-ring formations cannot provide an accurate measure of global historical temperature trends — in part because temperatures fluctuate unevenly in different parts of the world, and in part because the relevant tree-ring characteristics are influenced not only by temperature changes but also by variable growth factors such as sunlight, water, and soil nutrients. In the eyes of critics, any statistical model that uses such data to reconstruct centuries of historical temperature trends is fundamentally flawed and misleading.
Second, critics have argued that the hockey stick relies on flawed statistical techniques, including a skewed Principal Components Analysis (“PCA”), producing an erroneous and misleading interpretation of the underlying data. For example, according to Professor David Hand, the former President of the Royal Statistical Society in Great Britain, “The particular technique [used by Dr. Mann and his co-authors] exaggerated the size of the blade at the end of the hockey stick. Had they used an appropriate technique the size of the blade of the hockey stick would have been smaller.”
If one uses a better statistical method, “[t]he change in temperature is not as great over the 20th century compared to the past as suggested by the Mann paper.” Id.
Third, critics have argued that the hockey stick is misleading because it splices together two different types of data without highlighting the change: For roughly the first nine centuries after the year 1000 A.D., the graph shows temperature levels that have been inferred solely from tree-ring samples and other “proxy” data. But from about 1900 onward, the graph relies on readings from modern instruments such as thermometers. In the words of one review conducted by a panel of independent scientists, many consider it “regrettable” that temperature reconstructions “by the IPCC and others” neglected to emphasize “the discrepancy between instrumental and tree-based proxy reconstructions of temperature during the late 20th century.” J.A. 370.
Fourth, critics have contended that the hockey stick is misleading because it omits certain
tree-ring data after the year 1960 that show a decline in global temperatures, and instead relies more heavily on thermometer readings that show an increase in temperatures during that period. The omission of these data gained widespread public attention after the leak of multiple e-mails from the University of East Anglia’s Climate Research Unit (“CRU”), prompting an uproar popularly known as “Climategate.” In one particularly controversial e-mail, CRU scientist Phil Jones wrote to Dr. Mann and two other scientists: “I’ve just completed Mike’s [i.e., Dr. Mann’s] Nature trick of adding in the real temps to each series for the last 20 years (i.e. from 1981 onwards) [and] from 1961 for Keith’s to hide the decline.”
Dr. Mann himself has not denied the omission of certain proxy data after the year 1960, but has argued that the omission is legitimate: “[T]hese data should not be used to represent temperatures after 1960,” he explains, because “the density of wood exhibits an enigmatic decline in response to temperature after about 1960.”
In other words, because temperature measurements from modern instruments show that these data points are not reliable, Mann contends that it is legitimate “not to show those data during the unreliable post-1960 period.” Id.
Critics disagree, arguing that the hockey stick should have included the post-1960 proxy data to give a more full and accurate picture: since modern instruments have shown tree-ring proxies to be inaccurate after 1960, they say, this also calls into question the reliability of the proxy data from earlier years, where no thermometer readings are available to provide an independent check.
Based on these four separate criticisms, Dr. Mann and his detractors have engaged in a long-running public debate over the validity of the hockey stick and its underlying methodology. Dr. Mann and his defenders characterize the hockey stick as methodologically sound, contending that it gives an accurate picture of the dire threat global warming poses. Critics of the hockey stick characterize it as badly flawed, contending that its reliance on questionable statistical techniques and its method of data presentation render it false and misleading.
In testimony before the United States Congress, Professor John Christy summarized the critical view by stating that “evidence nowindicates . . . that an IPCC Lead Author working with a small cohort of scientists, misrepresented the temperature record of the past 1000 years by (a) promoting his own result as the best estimate, (b) neglecting studies that contradicted his, and (c) amputating another’s result so as to eliminate conflicting data and limit any serious attempt to expose the real uncertainties of these data.”
…
The tone of the debate
Given the strong differences of opinion, the tone of the hockey-stick debate has been intense and at times vituperative, with both sides indulging in caustic rhetoric. Dr. Mann himselfhas harshly condemned hi
s critics, branding them as “climate deniers,” and denouncing them as liarsand frauds. In 2005, for example, Dr. Mann wrote an e-mail to a New York Times reporter asserting that “[t]he McIntyre and McKitrick paper is pure scientific fraud,” and that “[a]number of us are . . .very surprised that Nature is publishing it.”
ARGUMENT
I. The D.C. Anti-SLAPP Act Applies To Dr. Mann’s Attempt To Silence His Critics
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II. Criticism Of The Hockey Stick Is Not Actionable Under The First Amendment
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A. The First Amendment Protects Vigorous Criticism on Matters of Political and Scientific Controversy
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1. Scientific controversy must be resolved through free and open debate,not through litigation.
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2.The First Amendment protects rhetorical hyperbole on matters of public controversy.
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3. Protecting free speech requires substantive and procedural safeguards
B. The Lower Court Failed to Enforce the First Amendment’s Substantive and Procedural Protection for Speech on Matters of Public Controversy
C. Under a Proper Application of the First Amendment, the Commentary Published by National Review Was Core Protected Speech
…the commentary was part of the heated public debate over the hockey-stick graph, where caustic criticism and hyperbolic rhetoric are the coin of the realm. Dr. Mann himself has set the tone of the debate, accusing his intellectual opponents of “pure scientific fraud,” “the fraudulent denial of climate change,” making “fraudulent” claims, “t[aking] corporate payoffs for knowingly lying about the threat climate change pose[s] to humanity,” “willfully . . . le[a]d[ing] the public andpolicy makers astray,” being “anti-science,” and deliberately seeking to “mislead” people through “deceptive . . . report[s]” that “regurgitate[]” “denialist myths.”See supra at 6-7 & nn. 9-13. Since Dr. Mann’s references to “fraud” and “knowingly lying” reflect the linguistic reality of the global-warming debate, it cannot be seriously suggested that Dr. Mann can unilaterally punish his critics for similar rhetoric.
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Read the whole thing here:
For H Grouse;
http://wattsupwiththat.com/2012/10/28/manns-hockey-stick-disappears-and-crus-briffa-helps-make-the-mwp-live-again-by-pointing-out-bias-in-ther-data/
An excellent write up of Briffa’s paper that invalidates Mann’s work and Briffa’s ow previous work purported to support Mann.
I note you continue to side step the issue of the 200+ other studies I provided you with which also invalidate Mann. As for your quip about Wegman and North congressional reports not being peer reviewed scientific papers, if that is the limit of your criticism of them, then you stand looking pretty silly. Find a flaw in their evidence or their logic, and you may have a leg to stand upon. Your credibility is fast circling the drain otherwise.
davidmhoffer says:
August 4, 2014 at 6:35 pm
“the e 200+ other studies I provided you with which also invalidate Mann. ”
….
…
Most of the “200+” have a timescale that is not relevant.
Try again .
davidmhoffer,
“H Grouse” writes suspiciously like a site pest by the name of ‘chuck’. Maybe he’s the same, maybe not. But if he is, he will not argue in good faith. Rather, he will argue incessantly even when he is shown to be flat wrong — which happened to ‘chuck’ several times.
Anyway, there are numerous papers and charts debunking Mann’s Hokey Stick chart. Here is one, here is another. And another instance of diddling with the data.
Next, this is what Mann tried to hide.
Then there was the rare Corregendum that Nature was forced to publish. In short, it said that there were serious errors in Mann’s paper and chart.
Mann is also infamous for trying to “hide the decline“.
And there were even books written about Mann’s dishonesty, like this one.
There is a reason that Mann hides out from any fair, moderated debate: his science is bogus, and he knows he would get destroyed. So he takes his pot shots from the safety of carefully scripted venues, and he depends on a small army of sycophants to carry his water. If Mann really believed in what he’s selling, he wouldn’t be afraid to defend it.
H Grouse says:
August 4, 2014 at 6:31 pm
With someone that thinks one ice core from Greenland reflects the ENTIRE GLOBE !!!!!!!!
===========
ROTFL….with a n00b!
You wanted to see a hockey stick…didn’t even know one of the most obvious ice core…and there’s a hockey stick…..looks ridiculous in perspective don’t it?
Why is it the mention of Michael Mann’s name…brings out the loons?
H Grouse;
Most of the “200+” have a timescale that is not relevant.
Try again .
>>>>>>>>>>>>>>>>>>>
I see. No matter how much evidence is provided to you, you simply skip over it. Yes some of the papers are much different time scales. Guess what? They corroborate the ice core data that you just finished poo pooing because it was only a single location. But you in your mind, that allows you to skip over all the studies in the list that ARE on an appropriate time scale?
You asked if there had been corroborating papers or not. You’ve been supplied with long lists of papers that invalidate Mann, including papers by his own co-author which Mann hasn’t even tried to refute. You haven’t shown any papers of your own in support of his work, you just natter away about what is wrong with criticisms of it by ignoring the facts in front of you, or that tired worn out quip, “but it isn’t peer reviewed”.
You know what I wish H Grouse? I wish that once, just once, a troll like you would actually show up and add something to the discussion. Just once I’d like to see a troll like you bring up a fact, or point out some reasoning, some logic chain, some data, that actually made me go “hmmm… I have to rethink my beliefs”. Just ONCE H Grouse. All you’ve done so far is mutter the same old excuses and ignored valid facts provided to you.
But here’s the real fork in the eye moment for you H Grouse. If we assume than Mann 98 and Mann 99 are completely correct, then the warming would have continued since then, and the earth would be melting by now. But it didn’t and it isn’t.
Latitude;
Why is it the mention of Michael Mann’s name…brings out the loons?
>>>>>>>>>>>>>>>>
I’ve noticed the same. Negative press on Mann and out come the trolls. They’ve been a rare breed on WUWT for a long time now, the weight of evidence against the CAGW meme has become too much for them I suppose.
H Grouse says:
With someone that thinks one ice core from Greenland reflects the ENTIRE GLOBE !!!!!!!!
Actually, it does reflect the entire globe. “H Grouse” is the noob here, since he does not understand that basic fact. To educate Mr “Grouse”:
The ice core data from Greenland [GISP-2], the Arctic, and the Antarctic [Vostok] all show temperatures rising and falling in unison. They fully corroborate each other. Therefore, they are excellent proxies for global T.
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davidmhoffer says:
I see. No matter how much evidence is provided to you, you simply skip over it.
I see that, too. “H Grouse” does not debate in good faith. Whenever he is shown to be wrong, he just moves the goal posts, or cherry-picks another factoid. That makes him a troll.
H Grouse says:”
The IPCC reports except the one that published mann’s graph all have graphs that now(as in the new reports) or did(as in reports before mann) all counter mann’s graphs. If you wish to see them a simple google search and then read the IPCC reports.
Though I have a feeling you have little interest in doing any real reading on this topic.
Did you think you would live long enough to see people get this excited about 1 degree?…..
…even if it were true
woops…was talking to David
H Grouse:
I thought that the SLAPP motions had been denied and that was being appealed. Steyn wants to sue but not NR.
“H Grouse” says:
Didn’t other scientists confirm Mann’s work with subsequent studies using different proxies and methodologies?
Mann has never disclosed his methodologies, or his complete data, or his methods or metadata like any honest scientist would. So no, Mann’s fabrications have not been “confirmed”.
When Mann invented his hockey stick, he hid conflicting data in an ftp site labeled “censored“. It was only sleuthing by McIntyre and McKittrick that located it. Had Mann used that data, there would have been no hockey stick. So he hid it.
Mann also used a corrupted proxy by a PhD undergrad named Tiljander. Ms Tiljander had informed Mann before he published that her sediments had been contaminated by road and bridge building. The sediments had been overturned, so that the older layers were on the top, and the more recent layers were under them.
When Mann was caught using Tiljander’s upside down proxy, he tried to excuse it by claiming that it didn’t affect his results. Oh, really? Then why did he use it? The answer is, he used the upside down proxy because it gave him his coveted hockey stick shape.
“H Grouse” either doesn’t know those things, in which, if he were a stand up guy instead of a troll, he would acknowledge and admit that he was wrong. Or, he knew about them, and he is just trolling as usual.
We will see if “H Grouse” admits now that Mann is a scoundrel and pseudo-scientist, or if Grouse acts like his usual trolling self.
Latitude says:
August 4, 2014 at 7:15 pm
Did you think you would live long enough to see people get this excited about 1 degree?…..
…even if it were true
>>>>>>>>>>>>>>>>>>>>
LOL. My goal is to live long enough for the whole debacle to make it into the history books as the biggest scam of history. I’m in my 50’s. Sadly, I don’t think I’m going to make it. The story has still got a lot of legs.
HGrouse,
Would you kindly reply to jimbo’s comment?
Please.
.
Jimbo says:
August 4, 2014 at 5:36 pm
H Grouse says:
August 4, 2014 at 5:28 pm
Jimbo says:
August 4, 2014 at 5:21 pm
“It’s called confirmation bias”
…
I’m sure there are countless other reconstructions that show different results.
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Can you name a few?
But you already said:
Didn’t other scientists confirm Mann’s work with subsequent studies using different proxies and methodologies?
Did you name them? You see, you want me to go looking, which I can, but you made the first move, so you find those “other scientists” first.
if anyone is in touch with the legal team which wrote this document, there appears to be a serious mistake (though the correct meaning should be obvious) on pp. 14-15:
In the three uses of the word “defendant” the second reference is not to the defendant, is it??
It is NOT the defendant who is trying “to prove the tort” — the defendant is denying that a tort has been committed!!?!
[note: IANAL and I don’t even play one on TV]
ossqss says:
August 4, 2014 at 5:45 pm
—
Magnifico
Getting back on topic, I read the brief itself. As you get deeper into it, it seems to me the excerpt published by Anthony above is not the main thrust of NR’s position. It is only there to put their position in context. The main thrust of their argument seems to be that the court has jurisdiction to hear an appeal of the previous anti-SLAPP judgements, should do so, and should reverse the previous rulings.
The courts are a tangled web, this will take years is my guess. But NR’s strategy at this point isn’t to debate the science, only to argue that they are protected by anti-SLAPP and the rest of the debate is just background. I have to agree with them. If one can be successfully sued for the kind of sarcastic rhetoric employed by Steyn in his NR post, then freedom of speech in the US is dead for the commoners, it is reserved only for those who have the billions to protect themselves.
A statement is not actionable when it is “not the character but the ideas” of the plaintiff that are at stake.
Dilworth v. Dudley Surely this is Dilbert V Dilbert.
Appreciate your feelings Anthony but with such a clear exposition of the defense I would change your summary to **** instead of f***,
No need when you are winning and below your high standards.
enigmatic, enigma, puzzle….
Michael Mann admitting in a careless moment (he has so many of those), “we really don’t know WTF this means.” An enigma to be hand-waved aside without rigorous analysis …. this is scientific ineptitude, Mr. Mann (who does not merit the honorific of “Dr.” or “Professor”).
As others point out periodically, the “decline” in Briffa’s tree ring proxy temps. and the conflict with instrumental records is not some minor technical debate about post-1960 tree rings.
If the tree ring proxies are not reliable post-1960, how can they be ASSUMED to be reliable for the previous 1,000 years??
If the tree ring data get flaky at just the point when we are supposed to have more reliable instrumental data, then it is INCOMPETENT (“fraudulent”) to ass-ume that tree ring proxy alleged temperature records are precise and accurate across 10-12 centuries.
p.s. There is a lot of excellent material in this document, but it needs some rigorous proof-reading. No, I do not have time to be their proof-reader right now, but they do need one. This is meant as a constructive comment for this context (initial reactions). I have given one example above which jumped out at me. No one is perfect but a legal doc like this one needs more careful scrutiny imho.
The “enigmatic” Mann.
“the density of wood exhibits an enigmatic decline in response to temperature after about 1960.”
So the enigmatic Mann hid the enigmatic decline and then (and only then) everything became clear: Hockey Stick! Hot Dog!
H. Grouse,
Enough with the sophistry! The four points mentioned in the brief remain valid. Perhaps you would be so kind at to try and refute a single one? With regard to Mann’s claim that other papers support the Hockey Stick; put on your thinking cap for a moment and consider two important points. First, if Mann’s paper uses; unreliable tree ring data, flawed statistical methods, secretly splices out inconvenient data, and deliberately omits inconvenient data; are we to believe that corroborating papers are accurate…come on man, it defies common sense. Second, (as others have rightly pointed out) there are a number of papers that indicate there is nothing particularly novel in the current global temperature.
Mann is a sleaze bag and affront to Science…you’re backing the wrong horse man!
I am not a “fool”. Something went awry in the Firefox, and gave a very fractured…broken up display of the text. Looked as though very bad “typesetting” so to speak.
I’m looking at the article now…in the I.E. Exploder used by AOL, and the display appears perfect.
Obviously in the future I’ll try more than one browser to see if the problem is in the browser scripting.
Sorry…
Marcott