Mann v. National Review, Inc., et al. (the et al.s being Mark Steyn, Competitive Enterprise Institute, and Rand Simberg), is now before D.C. Superior Court judge Frederick Weisberg, who, despite our appeals of earlier rulings by Judge Natalia Combs Greene, arrives at the same point she did.
Late last night we received a copy of his ruling: The case brought by Mann remains, the motions to dismiss by NR and Steyn are denied, as is Steyn’s motion to vacate, and its proceeds. Why? Because the judge concluded that the comments in question could be interpreted as statements of fact, and, if a jury were to view the alleged facts in the light most favorable to Mann, the jury would be likely find in Mann’s favor.
There is much rejoicing in Warmville. Here today in New York, at NR’s HQ, where it is a balmy 11 degrees, we are cold but upbeat, readying ourselves for the full-blown fight to defend our First Amendment right to not be silenced. And fight we will. Aggressively. And prevail we will. If you would like to help us in the fight, costly but necessary, we would be most appreciative of any assistance. You can donate here.