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I would posit that it is defamatory by technical description. I think good faith collegiality requires reaching out to the person deemed to be a fraud and tryin
by lusus_naturae 3y ago
I would posit that it is defamatory by technical description. I think good faith collegiality requires reaching out to the person deemed to be a fraud and trying to resolve the matter as colleagues and peers instead of assuming bad faith and invoking a pitch-forks out call for decrying the fraudster. That said, the evidence laid out by the research group against Gino doesn't leave any doubt that fraud didn't take place. The defendants should prove that Gino would have covered up her tracks had they taken a more reasonable approach. Additionally, I think a stronger case can be made by involving the funding agencies that supported Gino's work as it's their money that was misspent. Lastly, it would make sense to bring evidence of Gino's work impacting downstream research or policies bc of its fraudulent claims. The last two points are essential if the defense is that maintaining the integrity of scientific research was the goal.
- OkayPhysicist 3y agoTruth is an absolute defense against defamation in the US (somehow some European screw this up). To successfully sue someone for defamation, you need to prove that they spread falsehoods about you, knowingly (or at least, they should have known better). If a bunch of her papers were manipulated (fact) to support a preconceived notion (fact), it would be impossible to successfully argue that someone would be negligently wrong to believe she was an academic fraud. Thus, no, it's not defamatory.
- lusus_naturae 3y agoAh okay, I guess I misremembered the definition of defamation.