News story on defamation suit: Lott v. Levitt

(Update) From the University of Chicago student newspaper the Maroon:

Freakonomics claim sparks defamation lawsuit
By Kim Velsey
April 21, 2006 in News
John Lott, Jr., a former visiting professor at the University filed a defamation lawsuit on April 10 against economic professor Steven Levitt, co-author of the New York Time bestseller Freakonomics

Lott said the book misrepresents his work on guns and crime, according to court documents. The lawsuit does not name journalist Stephen Dubner, though he co-wrote the book with Levitt.

Freakonomics, which melds Levitt’s economic essays with Dubner’s flowing prose, remains high on the bestseller list. The book’s success, however, may have prompted the legal action, as the lawsuit references the popularity of Freakonomics as a factor contributing to Lott’s damaged reputation.

The lawsuit states that the book “damages Lott’s reputation in the eyes of the academic community in which he works, and in the minds of hundreds of thousands of academics, college students, graduate students, and members of the general public who read Freakonomics.”

The contested material is on pages 133–134 of Freakonomics, in which Levitt writes that researchers have been unable to confirm Lott’s conclusion that right-to-carry gun laws actually reduce crime.

Freakonomics states, “Then there was the troubling allegation that Lott actually invented some of the survey data that supports his more-guns/less-crime theory. Regardless of whether or not the data was faked, Lott’s admittedly intriguing hypothesis doesn’t seem to be true. When other scholars have tried to replicate results, they found that right-to-carry laws simply don’t bring down crime.”

According to the lawsuit, Lott acknowledges that his findings have come under scrutiny in the academic community, but he maintains that he used “different data or methods to analyze the relationship between gun control laws and crime.”

The lawsuit states that scholars who have replicated Lott’s work have achieved the same results. “Every time that an economist or researcher have tried to replicate [Lott’s] results, he or she has confirmed Lott’s conclusion.”

Carl Moody, a professor of economics at the College of William and Mary, said he successfully replicated Lott’s findings and published the results in 2001. Moody said Levitt’s accusation is wrong.

The lawsuit, which also names Levitt’s publisher HarperCollins, states that the publisher acted with malice by failing to verify the statements. It seeks a court order to halt sales of Freakonomics until the statements are retracted or amended and also demands that Levitt and HarperCollins pay unspecified monetary damages.

HarperCollins would not comment on the lawsuit, but a company representative said, “HarperCollins Publishers firmly stands behind Freakonomics and its authors, Steven Levitt and Stephen Dubner.”

The ABC show 20/20 featured Freakonomics in an hour-long special on April 14. However, there was no mention of the lawsuit, and Levitt has yet to comment on it publicly. The book’s website, Freakonomics.com, which has Levitt’s and Dubner’s weblogs, includes a brief mention of the pending litigation.

“While we were away [in London promoting the paperback edition of Freakonomics], the economist John Lott filed a lawsuit claiming that Freakonomics has libeled him,” wrote Dubner on his blog.

Lott’s website made no mention of the lawsuit.

The lawsuit has opened up discussion on the veracity of Levitt’s claims and whether a lawsuit is an appropriate forum for an academic debate.

The litigation has also shed light on what can happen when an academic book attains blockbuster status.

“Most academic debate is so trivial no one would care,” Moody said. “If the book had appeared and no one had bought it, it wouldn’t be an issue. But Levitt is accusing this guy of falsifying his results in front of millions of people.”

Here is an earlier story from the Chicago Tribune:

A scholar known for his work on guns and crime filed a defamation lawsuit Monday against University of Chicago economist Steven Levitt, co-author of the best-seller "Freakonomics."

John Lott Jr. of Virginia, a former U. of C. visiting professor, alleges that Levitt defamed him in the book by claiming that other scholars had tried and failed to confirm Lott's conclusion that allowing people to carry concealed weapons reduces crime. Publishers Weekly ranked "Freakonomics" eighth this week for non-fiction hardcover books.

According to Levitt's book: "When other scholars have tried to replicate [Lott's] results, they found that right-to-carry laws simply don't bring down crime."

But according to Lott's lawsuit: "In fact, every time that an economist or other researcher has replicated Lott's research, he or she has confirmed Lott's conclusion."

By suggesting that Lott's results could not be replicated, Levitt is "alleging that Lott falsified his results," the lawsuit says.

Lott is seeking a court order to block further sales of "Freakonomics" until the offending statements are retracted and changed. He is also seeking unspecified money damages.

Lott acknowledged in the suit that some scholars have disagreed with his conclusions. But he said those researchers used "different data or methods to analyze the relationship between gun-control laws and crime" and made no attempt to "replicate" Lott's work.

The lawsuit alleges that Levitt and his publisher, HarperCollins Publishers Inc., made the statements with reckless disregard for whether they were true and that the book damaged Lott's reputation.

Neither Levitt nor HarperCollins officials could be reached Monday.

According to the lawsuit, Levitt also defamed Lott in an e-mail that Levitt sent to an economist in Texas last May. The e-mail described work that Lott published in an academic journal in 2001. It falsely stated that Lott's work had not been peer-reviewed and that Lott had blocked scholars with opposing views from appearing in the same issue of the journal, the lawsuit said.

Lott's books include "More Guns, Less Crime: Analyzing Crime and Gun Control Laws," published in 1998. Levitt won the John Bates Clark Medal for economists younger than 40 from the American Economic Association in 2003.

The case was assigned to U.S. District Judge Ruben Castillo.

From the Chronicle of Higher Education:

Last week Mr. Lott filed a defamation lawsuit against Steven D. Levitt, a professor of economics at the University of Chicago and a co-author of the best-selling Freakonomics: A Rogue Economist Explores the Hidden Side of Everything (William Morrow, 2005). (A copy of the complaint can be found on the blog Overlawyered.) Mr. Lott charges that in the book and in private e-mail messages, Mr. Levitt spread lies about the quality and integrity of Mr. Lott's work (The Chronicle, April 13). Much will hinge on exactly what Mr. Levitt meant by the words "replicate" and "peer refereed."



Anonymous Anonymous said...

Good luck with your lawsuit. I hope the purpose doesn't get lost when the lawyers start issuing dueling press releases.

4/21/2006 3:51 AM  
Anonymous Emilio said...

It will only be a matter of time before Levitt taps out to the "Lott - Lock". I hope you take 'em for a whole lot of $$$... I just hope the courts will be un-biased...

4/21/2006 6:26 AM  
Blogger Sam I Am said...

The statement "Jane's findings could not be replicated," does not imply that Jane's findings were intentional fabrications.

Findings often cannot be replicated due to insufficiently described methodologies, by unintentional errors by the original researcher, and by unintentional errors of the would be replicators.

If the statement "Jane's findings could not be replicated" is considered slanderous/libelous, then scientific debate is effectively shut down.

The greatest rebuttal to Levitt would simply be for others to show that he is categorically wrong...

As an attorney with a biology degree, this case smells like the "spilled coffee" lawsuit of scientific discourse.

4/21/2006 10:16 AM  
Anonymous Anonymous said...


9/18/2007 7:28 PM  

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