On December 15, Professor Brian Leiter notified me and my wife Carrie Jenkins, through a Toronto lawyer, that he "is prepared to seek redress in the courts of Canada" against us over various Internet postings which he alleges defame him.
Professor Leiter claims to be defamed by:
- Carrie’s pledge on her tumblr blog to behave with civility towards other philosophers and colleagues;
- Carrie’s post to Facebook of the complete text of Professor Leiter’s email of July 2, 2014 regarding that pledge;
- the so-called “September Statement”; and
- the post on the Feminist Philosophers blog entitled “Sometimes An Apology Doesn’t Help.”
His Toronto lawyer has demanded that Carrie and I publish on the Internet, for a continuous period of at least six months, a lengthy apology and retraction (which his lawyer drafted). If we do not, we are warned, Professor Leiter “will pursue his legal remedies against [me and my wife]” and “perhaps others among the original signatories to the ‘September Statement’.” We are also warned that Professor Leiter’s Canadian lawsuit against me and my wife will involve “a full airing of the issues and the cause or causes of [Carrie’s] medical condition;” a reference, it would seem, to posted information about the impact of Professor Leiter’s actions on Carrie’s health, her capacity to work, and her ability to contribute to the public discourse as a member of the profession.
Carrie and I have instructed our lawyer to inform Brian Leiter that anything we have posted about him on the Internet is lawful free speech under Canadian law and under the First Amendment to the US Constitution.
Wow. Sorry you have to go through this!
ReplyDeleteI am very sorry that you and Carrie are suffering this gratuitous annoyance.
ReplyDeleteThe actual letters, misrepresented above, are now available here:
ReplyDeletehttp://leiterreports.typepad.com/blog/2014/12/carrie-jenkins-boycott-statement-september-falsehoods.html
Anonymous: When will you and Brian Leiter stop your bullying.
ReplyDeleteIn what way is my post a misrepresentation of the letters linked?
ReplyDeleteThe lawyer's letter does not anywhere claim Leiter was defamed by either #1 or #2, as you assert. You also omit the specific allegation--namely, the claim that it is false that Leiter's e-mail injured Jenkins's health and abilitiy to work--which would explain why the letter mentions Jenkins's health history as a necessary subject of litigation.
ReplyDeleteFailure to repeat the particular proffered explanation for why Leiter considers himself defamed isn't a misrepresentation; I merely declined to repeat some groundless and false assertions. I don't know what makes Brian Leiter think he knows the relevant facts about my family's medical situation, but what he's saying is false. My claim that Leiter has called Carrie's original post defamatory is also true. That's how "defamatory per se" has come to be something of a meme.
ReplyDeleteif i may say something...
ReplyDeletethe whole issue is about the PGR, right?
is that really that wrongly done? honestly speaking? aren't the best universities on top, as they always have been? like, yale, oxford, cambridge, stanford, priceton. they are on top, right?
other than that, as a student, when you need to go to a university for your specific field, don't you look first who are the best teachers in the world working on that subject? and a good teacher does make the university go in rankings because he is a good teacher in that specific subject?
so how wrong can the PGR be?
other than that, you do not blame only Leiter for the PGR, you blame the entire teach of teachers who are working on the PGR? they are all wrong?
This post seems nonsensical.
DeleteI'm not really sure where you're coming from, Anonymous. This has nothing to do with what value there might or might not be in the PGR.
DeleteI am sorry. I think there are two separate issues. it is in fact about how each person involved acted toward each other and not about PGR and Brian Leiter's contribution to it.
DeleteI think those e-mails are bad. a 5 year kid. I am sorry. it i not even worth it, it's so stupid.
DeleteI do not know any of them, neither Brian Leiter or Carrie Jenkins.
DeleteI looked up at her webpage, her CV seems very impressive.
and that initial post by her did not even mention Leiter's name.
Leiter got upset because he thought it was about him and even if it was, it did not matter that much, it was not even mentioned his name. it's so stupid, it's unbelievable how stupid this is.
I understand why Carrie Jenkins is upset, what is wrong with Leiter?
why he writes like this? Cant he just use different words to express his indignation? thats what i think.
its obvious that this is what the issue is, isnt it?
Brian Leiter enervates very easily and he uses to express himself the way he uses to express himself, and he offended Carrie Jenkins.
I stop now, I needed to say all these. I am cool now.
This comment has been removed by a blog administrator.
ReplyDeleteThe best of luck in resolving this extraordinary issue. Bewildering how a positive pledge to behave civilly in one's professional relationships could result in the calumny to which you both have been exposed.
ReplyDeleteAre you starting a legal defense fund? Many people would contribute.
ReplyDeleteThanks, Anonymous. So far we have no plans to do that -- but if costs escalate, we may have to seek help. Hopefully it won't come to that.
DeleteI have a question here. I understand the offenses and what has hapenned.
ReplyDeleteI do not understand this well. the september statement. was this initiated because of leiter's language used? can you do this only based on his behaviour, or is it done based on his mistakes he did with the PGR, rankings corrupt and so on?
Jonathan,
ReplyDeleteI'm sorry that you and Carrie have to deal with this. I'm glad that you're not giving in to this attempt at legal bullying, but I'm sorry for the hardships that come along with that decision.
I'm not sure if this helps your case, but check out the BL comment after comment 9:
ReplyDelete"BL COMMENT: It is hard to disagree with a call for collegiality and considerate behavior towards colleagues."
http://leiterreports.typepad.com/blog/2014/02/criticisms-of-the-site-committee-report-on-colorado.html
Wow, merry xmas, right?
ReplyDeleteDamn. No one wants legal threats, let alone at xmas! Sorry guys.
I stumbled upon this whole Leiter thing by chance and have been fascinated with how petty someone can be. You should know that 99.9% of people who read about this whole thing will side with you, so don't let him intimidate you. All the best!
ReplyDeleteAs an undergrad, I got on Leiter's radar by sending him (what I thought to be) a friendly and respectful email. Alas, I had the temerity to criticize him on some of the details of a blog post he had written (much of which I actually agreed with), and thus found myself on Leiter's "shit list." He subsequently hounded me online for years, writing nasty emails about me to my professors after I graduated and went to law school (I had no continued communication with him). Thus, I know firsthand what an irrational lunatic this creep is.
ReplyDeleteIf he sues you, please do set up a legal defense fund. If nothing else, it would give individuals another opportunity to voice approbation toward Leiter (if they want to disclose their identities). I would definitely donate quite generously.
Best wishes -- and hope that 2015 turns out to be a better year for you!
I have also been the subject of a campaign by Brian Leiter, an orchestrated one. More than just a legal defence fund, I suggest that truth is always a defence in defamation, and detriment to reputation needs to also show that detriment did not already exist.
ReplyDeleteI strongly suggest that if Mr. Leiter and his counsel go ahead with this ridiculous lawsuit, you invite all and sundry on legal and philosophy blogs to share their experiences with you, and various emails they have received. There are things much more embarrassing to answer questions about than medical issues- and I can assure you that in light of the claims made in the letter from Leiter's counsel, they are very very relevant.
On some level I'd like to see Leiter bring this lawsuit - it is hard to imagine something more self destructive than what it would uncover in the privileged environs of a courtroom, where someone cannot be sued or threatened with a suit for telling their story. Leiter's counsel if he is wise should ask Leiter some very searching questions and do his own research before filing proceedings.
Did Mr. Leiter make good his threat and file suit?
ReplyDeleteI've heard nothing from him for several months now.
DeleteHas the statute of limitations run at this point? You're in the clear? He's just a blustering buffoon (shocker)? What happened to his six-figure judgment from you guys?
DeleteWe haven't been sued. Indeed, we never heard back from Professor Leiter's lawyer, after we went public and refused to deliver a retraction and apology. My understanding is that the statute of limitations for defamation is two years from publication. So we can't be sued for Carrie's blog post or the September Statement. I never thought that was likely, but I guess it's nice to be sure.
Delete