Wednesday, September 7, 2011

If you can't sue 'em, lie about 'em

No one expects the Discovery Institute to be particularly honest about anything, but colluding with another like-minded organization in order to make a thoroughly dishonest attack on the California Science Center Foundation just about takes the cake:

The California Science Center Foundation has settled a long-running legal dispute with the American Freedom Alliance ("AFA"). The settlement agreement explicitly states that no party admits fault or liability, and the settlement is a means to avoid the costs of further proceedings. As part of the settlement, the Foundation and AFA agreed to a joint statement that the Foundation would invite the AFA back to hold its private event, and the AFA would decline that invitation. The Foundation is satisfied with the terms of the settlement, which includes a cost of defense payment from the Foundation's insurer, to avoid the expense of further litigation.


The dispute arose out of unapproved press releases that had been issued relating to a private event that the AFA (American Freedom Alliance) had intended to hold at the California Science Center's IMAX Theater. The press releases, for which AFA was responsible, falsely implied that the Foundation or the Science Center were sponsors of the AFA's event. They were not, and as a result of these false and misleading press releases, the Foundation cancelled the AFA's event.
 
The AFA then sued the Foundation and the Science Center for breach of contract and violation of the First Amendment, claiming that the Foundation's cancellation was based upon the purported content of the AFA's program. This was not the case, and the evidence demonstrated that the Foundation was right. Indeed, the fact that the Foundation booked the AFA's event in the first place affirmatively demonstrated the lack of merit to AFA's argument.

Through discovery, the Foundation also discovered other evidence that undermined AFA's claims. For instance, although the AFA asserted that the offending press releases were issued by an entirely independent third party (the Discovery Institute), it was uncovered that the AFA and the Discovery Institute actually had been secretly coordinating the publicity efforts (emphasis mine) and were intentionally trying to make the publicity that led to the cancellation as provocative and controversial as possible. One email among Discovery Institute individuals talked about "letting the jinnie out of the bottle" when "all hell will break lose." The Foundation was certainly entitled to cancel the AFA's private event.

You'd think that the DI and their buddies in the AFA would learn to leave well enough alone. No such  luck:

Unfortunately, it appears that neither the AFA nor the Discovery Institute have learned from their mistakes and false and misleading press releases continue to be issued. For instance, although the Discovery Institute's August 29, 2011 press release states that the "state-run Science Center" paid a settlement amount, the reality is that the Science Center did not pay a dime. Likewise, although the Discovery Institute contends that it was "dragged into the case," the fact of the matter is that the Discovery Institute knowingly and inappropriately issued offending and false press releases leading to the lawsuit. The court in Seattle agreed with the Foundation's discovery position, and forced the Discovery Institute to turn over its embarrassing emails. And although the Discovery Institute touts the fact that the joint statement includes the Foundation's inviting AFA back to hold its event, they ignore the fact that AFA declined such invitation.

Way to raise the level of debate, DI. So when do you start hiring people to leave burning bags of dog crap at the front doors of organizations like the CSFC? It would seem to be the next logical step.

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