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`KRISTA L. BAUGHMAN (SBN: 264600)
`kbaughman@dhillonlaw.com
`HARMEET K. DHILLON (SBN: 207873)
`harmeet@dhillonlaw.com
`STUART MCCOMMAS (pro hac vice forthcoming)
`SMCCommas@dhillonlaw.com
`DHILLON LAW GROUP INC.
`177 Post Street, Suite 700
`San Francisco, California 94108
`Telephone: (415) 433-1700
`Facsimile: (415) 520-6593
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`Attorneys for Plaintiff
`JOHN STOSSEL
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`UNITED STATES DISTRICT COURT
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`NORTHERN DISTRICT OF CALIFORNIA
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`SAN JOSE DIVISION
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`JOHN STOSSEL, an individual,
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` Plaintiff v.
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`FACEBOOK, INC., a Delaware
`corporation; SCIENCE FEEDBACK, a
`French non-profit organization; and
`CLIMATE FEEDBACK, a French non-
`profit organization,
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` Defendants.
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`Case Number:
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`COMPLAINT FOR DEFAMATION
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`JURY TRIAL DEMANDED
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`Complaint
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`Case No. _____________
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`Case 5:21-cv-07385-VKD Document 1 Filed 09/22/21 Page 2 of 25
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`Plaintiff John Stossel (“Stossel”) by and through his undersigned attorneys, for his Complaint
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`against Facebook, Inc., (“Facebook”) Science Feedback, and Climate Feedback (collectively,
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`“Defendants”), alleges as follows:
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`INTRODUCTION
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`1.
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`This case presents a simple question: do Facebook and its vendors defame a user who
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`posts factually accurate content, when they publicly announce that the content failed a “fact-check” and
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`is “partly false,” and by attributing to the user a false claim that he never made? The answer, of course,
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`is yes.
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`2.
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`Facebook’s CEO has famously acknowledged to Congress that “[w]e do not want to
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`become the arbiters of truth.”
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`3.
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`Yet Facebook and its “fact-check” vendors are currently serving as judge, jury, and
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`executioner regarding whether users are on the “right” or “wrong” side of a complex scientific debate.
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`And when user content challenges the scientific opinions with which Defendants agree, Defendants use
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`the pretext of a “fact-check” to affix disparaging labels to the content, or to expressly mischaracterize
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`the content, even when Defendants know that none of the facts underlying the content are false.
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`4.
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`This reality is evidenced in the case of Plaintiff John Stossel, an award winning career
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`journalist with a formerly unblemished reputation for truthful and accurate reporting.
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`5.
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`In the last year, Stossel posted on Facebook two short video reports in which he
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`interviewed experts in the climate change arena about facts and data that Defendants concede are true.
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`6.
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`Without identifying a single false fact contained in the video reports – and in one
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`instance, apparently without even bothering to review the video at all – Defendants publicly announced
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`that Stossel’s reporting had failed a “fact-check.”
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`7.
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`In one video, Defendants falsely attributed to Stossel a claim he never made, and on that
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`basis flagged the content as “misleading” and “missing context,” so that would-be viewers would be
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`routed to the false attribution statement.
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`8.
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`To the second video, Defendants affixed a “partly false” / “[contains] factual
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`inaccuracies” label, despite Defendants’ knowledge that the content contained no false facts.
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`9.
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`When Stossel challenged Defendants on their false attribution and labels, Defendants’
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`Complaint
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`Case No.
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`2
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`Case 5:21-cv-07385-VKD Document 1 Filed 09/22/21 Page 3 of 25
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`reviewers explained that the judgment was based on Defendants’ displeasure with the “tone” of Stossel’s
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`speech, with what it allegedly “implies,” and with the “broader claims” it was exploring – not about any
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`false facts it contained.
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`10.
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`Stossel was given no meaningful avenue to contest these unilateral decisions about the
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`truth of his journalism. Meanwhile, his viewership plummeted due to both Facebook’s censorship and
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`the reputational harm caused by the false labels.
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`11.
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`Defendants defamed Stossel, with malice. First, they attributed to Stossel a claim he did
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`not make, and which caused his viewers to shun him. Defendants made this false attribution recklessly,
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`before they had even reviewed his video. And even after Stossel brought the issue to Defendants’
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`attention, Defendants refused to correct their speech, and intentionally left the false attribution online
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`for anyone to see, where it remains today.
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`12.
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`Then, Defendants falsely labeled Stossel’s second video report as having failed a “fact-
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`check” and stated that it contained “factual inaccuracies” and was “partly false.” Defendants applied
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`these labels, knowing full well that Stossel’s content contained not a single false fact, and despite the
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`concession by Defendants’ own scientist reviewer that no “specific facts” in the report were “wrong.”
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`13.
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`Defendants’ statements are provably false, inherently damaging to Stossel, and were
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`made either with a reckless disregard for their truth or falsity, or with knowledge of their falsity.
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`14. With this lawsuit, Stossel asks the Court to declare that Defendants are not permitted to
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`hide behind the masquerade of a “fact-check” to defame him with impunity, and that they must make
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`him whole for the damage they have maliciously caused by their provably false and disparaging
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`statements about his reporting.
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`JURISDICTION AND VENUE
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`15.
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`This Court has subject matter jurisdiction over the subject matter of this Complaint
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`pursuant to 28 U.S.C. § 1332(a), because this is a civil action between citizens of different states and
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`countries, where the amount in controversy exceeds the sum of $75,000.000, exclusive of interest and
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`costs. There is complete diversity of citizenship between Plaintiff Stossel (a New York resident),
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`Facebook (a Delaware corporation with a principal place of business in California), Science Feedback
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`(a French non-profit organization), and Climate Feedback (a French subsidiary of and/or “d/b/a” for
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`Complaint
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`Case No.
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`3
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`Case 5:21-cv-07385-VKD Document 1 Filed 09/22/21 Page 4 of 25
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`Science Feedback).
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`16.
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`This Court has personal jurisdiction over all Defendants. Facebook has its principal place
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`of business in this District. Science Feedback and Climate Feedback contract with Facebook to render
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`services that affect California residents and which have harmed Plaintiff. Science Feedback and Climate
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`Feedback also employ U.S. and California residents in connection with rendering services to Facebook.
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`All Defendants thus have sufficient minimum contacts with California and/or have intentionally availed
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`themselves of significant benefits provided by the State of California, rendering the exercise of
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`jurisdiction by this Court permissible under traditional notions of fair play and substantial justice.
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`17.
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`Venue is proper in this judicial district under 28 U.S.C. § 1391 because Facebook is
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`deemed to reside in this District, and a substantial part of the events or omissions giving rise to the claim
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`occurred in this District.
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`INTRADISTRICT ASSIGNMENT
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`18.
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`This Action is properly assigned to the San Jose Division of the Court, as the conduct
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`giving rise to this dispute occurred in or was directed to Santa Clara County, California. See Local
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`Rule 3-2(e).
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`19.
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`Plaintiff John Stossel (“Stossel”) is an individual who resides in New York County, New
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`PARTIES
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`York.
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`Defendant Facebook, Inc. (“Facebook”) is a Delaware corporation with its principal
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`place of business in Menlo Park, California, county of Santa Clara.
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`21.
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`On information and belief and according to public sources, Defendant Science Feedback
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`is a non-profit Association Déclarée registered in France, and is the parent organization of Climate
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`Feedback.
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`22.
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`On information and belief and according to public sources, Defendant Climate Feedback
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`is a subsidiary of Science Feedback, and is either a French non-profit organization or simply an
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`alternative business name or “d/b/a” for Science Feedback.
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`Complaint
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`Case No.
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`Case 5:21-cv-07385-VKD Document 1 Filed 09/22/21 Page 5 of 25
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`RELEVANT FACTS
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`The Parties
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`23.
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`Plaintiff John Stossel is a well-respected, award winning career journalist and reporter.
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`He worked at ABC News for over twenty-five years, including as a correspondent and 20/20 co-anchor.
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`He later became the host of a weekly news show on Fox Business. Mr. Stossel has received nineteen
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`Emmy Awards, five awards from the National Press Club, and is also a four-time published author.
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`Currently, he publishes short weekly news videos on social media, primarily on Facebook, where he
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`has over one million followers.
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`24.
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`Defendant Facebook is an American multinational technology company based in Menlo
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`Park, California, that provides an online social networking service of the same name. On information
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`and belief, there are currently 2.8 billion individuals worldwide who engage in speech on Facebook’s
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`platform.
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`25.
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`Defendant Science Feedback is French Association Déclarée. Science Feedback
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`describes itself as a “a worldwide network of scientists sorting fact from fiction in science based media
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`coverage.”1 On information and belief and according to public sources, Science Feedback is the parent
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`organization of several “fact-checking websites,” including Climate Feedback.
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`26.
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`On information and belief and according to public sources, Climate Feedback is a
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`subsidiary of Science Feedback, and is either a French non-profit organization or simply an alternative
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`business name or “d/b/a” for Science Feedback. Climate Feedback describes itself as “a worldwide
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`network of scientists sorting fact from fiction in climate change media coverage.”2 Science Feedback
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`and Climate Feedback are collectively referred to as the “Feedback Defendants,” herein.
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`27.
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`The Feedback Defendants contract and work with Facebook to “fact-check” content
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`posted by Facebook users. Facebook commissions the fact-checking and applies content, labels, and
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`other information developed by the fact-checking to the speech of its users.
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`28.
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`The Feedback Defendants employ U.S. and California residents to perform the “fact-
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`checking” work for Facebook. Examples include a Science Feedback Science Editor who, according to
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`1 See Science Feedback – A Scientific Reference to Reliable Information Online, also available at
`https://sciencefeedback.co.
`2 See https://climatefeedback.org/.
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`Case 5:21-cv-07385-VKD Document 1 Filed 09/22/21 Page 6 of 25
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`his public LinkedIn account, currently resides in Berkeley, California, and Climate Feedback Science
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`Editor Nikki Forrester who, according to her publicly posted materials, currently resides in West
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`Virginia.
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`Defendants’ “Fact-Checking” Process
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`29.
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`Facebook’s website3 states its “commit[ment] to fighting the spread of misinformation
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`on Facebook,” and represents that the company “work[s] with independent, third-party fact-checking
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`organizations” to meet this goal.
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`Facebook describes that “[t]he focus of this fact-checking program is identifying and
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`addressing viral misinformation, particularly clear hoaxes that have no basis in fact. Fact-checking
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`partners prioritize provably false claims…” (Emphasis in original), see FN 3.
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`The website further describes that “[f]act-checking partners do not prioritize claims that
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`are inconsequential or consist of minor inaccuracies. Additionally, the program is not meant to interfere
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`with individual expression, opinions and debate…” See FN 3.
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`32. With respect to the role of fact-checkers, Facebook states: “[f]act-checkers will review
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`content, check its facts, and rate its accuracy.” See FN 3.
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`33.
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`Facebook defines its “partly false” rating as “[c]ontent has some factual inaccuracies.”4
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`It lists this definition on multiple pages, further stating that “[c]ontent rated ‘Partly False’ includes some
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`factual inaccuracies.”
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`34. With respect to Facebook’s own role in labeling user speech, the company states: “[w]e
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`apply a label to content that’s been reviewed by fact-checking partners, so people can read additional
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`context. We also notify people before they try to share this content, and people who have shared it in
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`the past.” See FN 3.
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`35. With respect to the consequences of a “fact-check,” Facebook states: “[o]nce a fact-
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`checker rates a piece of information as False, Altered or Partly False, it will appear lower in News Feed,
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`3 See Fact-Checking on Facebook | Facebook Business Help Center, also available at
`https://www.facebook.com/business/help/2593586717571940?id=673052479947730
`4 See Rating Options for Fact-Checkers | Facebook Business Help Center, also available at:
`https://www.facebook.com/business/help/341102040382165?id=673052479947730; see also
`https://www.facebook.com/journalismproject/programs/third-party-fact-checking/new-ratings.
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`Complaint
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`Case No.
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`Case 5:21-cv-07385-VKD Document 1 Filed 09/22/21 Page 7 of 25
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`be filtered out of Explore on Instagram, and be featured less prominently in Feed and Stories. This
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`significantly reduces the number of people who see it. We also reject ads with content that has been
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`rated by fact-checkers.” See FN 3.
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`36.
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`Facebook continues: “[p]ages and websites that repeatedly share misinformation rated
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`False or Altered will have some restrictions, including having their distribution reduced. They may also
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`have their ability to monetize and advertise removed, and their ability to register as a news Page removed
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`for a given time period.” See FN 3.
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`Stossel’s Fire Video
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`37.
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`On September 22, 2020, Mr. Stossel published on his Facebook page a short news video
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`entitled “Government Fueled Fires,” which ran just under five minutes in length (the “Fire Video”).5
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`In the Fire Video, Mr. Stossel discussed the massive forest fires that were ravaging
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`California in 2020, and reported on several reasons cited by politicians, scientists, and environmentalists
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`as the cause of the fires.
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`39.
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`The Fire Video generally explored two causes of forest fires: climate change, and the
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`buildup of vegetation due to fire suppression stemming from government policy.
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`40.
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`In the Fire Video, Stossel repeatedly acknowledged that climate change plays a role in
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`forest fires. He cited data from the Western Regional Climate Center and stated that “climate change
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`has made things worse. California has warmed 3 degrees over 50 years.”
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`41.
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`The Fire Video included news clips of reports about the causes of forest fires published
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`by the news media, including the Los Angeles Times, the New York Times, Our Daily Planet, ABC 10
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`News, KPIX 5, CNN News, and the Sacramento Bee. The Fire Video also included quotes from US
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`Forest Service Ecologist Hugh Safford, and an interview with environmentalist Michael Shellenberger.
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`42.
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`The Fire Video covered some of the sensational media reporting about a so-called
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`“climate apocalypse,” and explored a scientific hypothesis advanced by Mr. Shellenberger and others –
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`namely, that while climate change undoubtedly contributes to forest fires, it was not the primary cause
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`of the 2020 California fires.
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`43.
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`In the Fire Video, Stossel interviewed Mr. Shellenberger, who confirmed that “climate
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`5 See https://www.facebook.com/watch/?v=743082746536680.
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`Case 5:21-cv-07385-VKD Document 1 Filed 09/22/21 Page 8 of 25
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`change is real,” but opined that based on his interpretation of the data, climate change was not the
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`primary reason for the 2020 forest fires, and who noted – accurately – that “forests that were well-
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`managed have survived the megafires.”
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`44.
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`The Fire Video concluded with Stossel stating as follows: “Bad policies were the biggest
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`cause of this year’s fires, not the slightly warmer climate. And while climate change is a problem,
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`Shellenberger’s new book explains, it’s not an apocalypse.”
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`Defendants Falsely Attribute to Stossel a Claim He Didn’t Make
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`45.
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`Shortly after Stossel published the Fire Video, Facebook placed a label prominently over
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`or below the Fire Video, stating “Missing Context. Independent fact-checkers say this information could
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`mislead people,” under which was a button stating “See Why.” A copy of this page is as follows:
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`Case 5:21-cv-07385-VKD Document 1 Filed 09/22/21 Page 9 of 25
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`46.
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`If a viewer clicks on the “See Why” button, the following text box appears:
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`47.
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`If a viewer then clicks on the text box, she is directed to a page on Climate Feedback’s
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`website (the “Verdict Page”), which states: “Claim – ‘forest fires are caused by poor management. Not
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`by climate change.’ Verdict: misleading” (the “Claim”):6
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`6 For full page, see Climate change, forest management and several other causes contribute to wildfire
`severity and total area burned in the western United States – Climate Feedback, also available at
`https://climatefeedback.org/claimreview/climate-change-forest-management-and-several-other-
`causes-contribute-to-wildfire-severity-and-total-area-burned-in-the-western-united-
`states/?fbclid=IwAR3s8qPmSScINCXh9fKFUfKxA1HRF-u07sFpp24fg9UOn8SdVTeQUHzEuGk
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`Case 5:21-cv-07385-VKD Document 1 Filed 09/22/21 Page 10 of 25
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`48.
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`A reasonable reader who clicked through the various prompts and read the Verdict Page
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`would and did understand Defendants to mean that Stossel had made the debunked “Claim” set forth
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`above.
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`49.
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`In reality, not only is the “Claim” contained nowhere in Stossel’s Fire Video, but the Fire
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`Video repeatedly confirms the opposite: that climate change is one of the causes of forest fires.
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`50.
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`In the Verdict Page’s “Key Take Away” section, Climate Feedback states that “[c]limate
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`change is not the only factor that affects fire behavior, but it is an important one,” and acknowledges
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`that “land management practices” also contribute to the severity of wildfires in the western US.
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`51.
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`In other words, the scientific conclusions of Climate Feedback’s “Key Take Away” and
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`Stossel’s Fire Video are substantively identical: they both assert that climate change and land
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`management practices are each causes of forest fires.
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`52.
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`Climate Feedback’s and Stossel’s scientific conclusions vary only by degree, regarding
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`what primacy to place on which cause of the 2020 forest fires. This is a complex topic of scientific
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`53.
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`Yet, Defendants flagged Stossel’s reporting as failing a “fact-check” and being
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`“misleading” and “missing context,” based on their false attribution to Stossel of the “climate change
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`doesn’t cause forest fires” claim that he never made.
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`54.
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`Defendants’ false attribution and public condemnation of Stossel’s reporting has led
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`naturally to Stossel’s viewership feeling duped and betrayed. In response to Defendants’ statements,
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`Stossel’s long-time viewers have sent him messages calling him “shameful” and asking “what happened
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`to you?!?,” with regards to his impeccable journalism.
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`55.
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`On September 25, 2020, Mr. Stossel received a notification from Facebook regarding his
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`Fire Video, stating “Content is being seen by fewer people because it was rated Missing Context by an
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`independent fact-checker.”
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`56.
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`On information and belief, many would-be viewers of the Fire Video chose not to view
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`it, after reading Defendants’ false statements.
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`57.
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`As a journalist who relies primarily on Facebook to communicate with his audience, the
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`false statements and the curtailing of his viewership caused immediate and irreparable harm to Stossel’s
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`Complaint
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`Case No.
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`Case 5:21-cv-07385-VKD Document 1 Filed 09/22/21 Page 11 of 25
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`professional reputation, as well as financial harm.
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`Defendants Did Not Bother to Review the Fire Video Before They Defamed Stossel
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`58.
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` Incredibly, and as Stossel later learned, Defendants apparently had not even bothered to
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`review his Fire Video before condemning it.
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`59.
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`In the wake of the above events, Stossel made significant efforts to bring to Defendants’
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`attention the falsity of their statements about the Fire Video, and specifically how the Claim had been
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`falsely attributed to his content. Stossel first contacted Climate Feedback’s editor, Nikki Forrester, who
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`chose not to respond.
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`60.
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`Stossel then spoke with two of the three scientists who Climate Feedback listed on the
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`Verdict Page as “reviewers” of the Fire Video, Stefan Doerr and Zeke Hausfather. Both of these
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`scientists freely conceded that they hadn’t reviewed the Fire Video before Climate Feedback condemned
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`it as advancing a false Claim.7
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`61.
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`In Mr. Doerr’s interview with Stossel, Mr. Doerr stated “if this is implying that we have
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`reviewed the video, then this is clearly wrong, there’s something wrong with the system.” See FN 7.
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`62.
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`In Mr. Hausfather’s interview with Stossel, after Mr. Hausfather was given the chance
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`to watch the Fire Video, he was asked whether Climate Feedback’s adjudication was fairly applied to
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`the Fire Video. Mr. Hausfather replied “I don’t necessarily think so. While there are plenty of debates
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`around how much to emphasize forest management versus climate change, your piece clearly
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`discussed that both are at fault here.” See FN 7.
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`63.
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`Thus, Climate Feedback’s own scientist reviewers confirmed that the attribution of the
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`Claim (“forest fires are caused by poor management. Not by climate change”) to Stossel’s Fire Video
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`was false.
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`64.
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`Stossel asked the scientists why his Fire Video would have been flagged as failing a
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`“fact-check,” since the fact-check was directed against a Claim that Stossel never made. In response,
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`Mr. Doerr opined that the video was likely flagged because it contained an interview with Mr.
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`Shellenberger, an environmentalist who criticizes environmental alarmism, and who had previously
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`7 Stossel published his interviews with these scientists in a YouTube video available at:
`https://www.youtube.com/watch?v=punjBhQG__s.
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`Case 5:21-cv-07385-VKD Document 1 Filed 09/22/21 Page 12 of 25
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`been “fact-checked” by Defendants.
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`65.
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`For his part, Mr. Hausfather conceded that “this issue has become very political, which
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`is unfortunate.” See FN 7.
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`66.
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`The scientists’ comments demonstrate that Defendants’ false statements about Stossel’s
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`reporting were based on blind assumptions about what the Fire Video probably said, simply because it
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`contained an interview of someone with whose conclusions Defendants had previously disagreed.
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`67.
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`Following these interviews, Stossel’s agent sent a follow-up email to Climate Feedback
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`editor Nikki Forrester, informing her of Mr. Hausfather’s conclusions and repeating the request that
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`Defendants’ false attribution and associated false labels be corrected. Ms. Forrester responded this time,
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`Days later, Mr. Hausfather wrote to Stossel to say that, “after talking with Climate
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`Feedback,” he had changed his mind and now believed that the Fire Video “minimizes the role of
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`climate.”
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`69.
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`On October 8, 2020, Climate Feedback added to its Verdict Page an “Update” that further
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`defamed Stossel, this time by falsely accusing him of “misrepresent[ing]…our process.” The Update
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`was buried in the middle of the Verdict Page, and it linked to a fresh page posted by Climate Feedback,
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`entitled “Responding to Stossel TV video on our rating process” (the “Response Page).8
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`70.
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`In its Response page, Climate Feedback identified no false facts contained in Stossel’s
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`report.
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`71.
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`Instead, Climate Feedback defended its false statements about Stossel’s reporting on the
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`grounds that “viewers did not receive an accurate explanation of the scientific research on the role of
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`climate change in western US wildfires.” See FN 8. In making this sweeping judgment, Climate
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`Feedback did not explain what an “accurate explanation of the scientific research” would look like, nor
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`did it identify any factual inaccuracies in Stossel’s report about the role of climate change in western
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`US wildfires.
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`72.
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`This defense highlights a central problem with Defendants’ labelling system: since
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`8 See Responding to Stossel TV video on our rating process – Climate Feedback; also available at
`https://climatefeedback.org/responding-to-stossel-tv-video-on-our-rating-process/.
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`Case 5:21-cv-07385-VKD Document 1 Filed 09/22/21 Page 13 of 25
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`“missing context” is a description that could theoretically be applied to any content – whether five
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`minutes or five hundred minutes in length – Defendants use the label to condemn any content that
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`expresses an opinion with which Defendants disagree, under the pretext of a “fact-check.”
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`73.
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`The remainder of the Response Page did not even discuss the content of Stossel’s video
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`at all, but instead attempted to dig Climate Feedback out of the embarrassing hole its own scientists had
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`dug during their interviews with Stossel.
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`74.
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`First, the Response Page blamed Stossel for reaching out directly to Climate Feedback’s
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`editor and scientist reviewers about false attribution. Then, Climate Feedback claimed that the two
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`scientists Stossel had interviewed “are not involved in our rating of Facebook content, including this
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`Incredibly, Climate Feedback also claimed it had no obligation to actually review
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`Stossel’s content before publicly disparaging it, stating “it is not necessary to create a separate claim
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`review article for each post we rate.”
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`Of course, this position flies in the face of well-settled defamation law, which prohibits
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`a speaker from making false statements about another, with reckless disregard for whether the
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`statements are true or false.
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`Ultimately, Defendants defamed Stossel by falsely attributing to him an inaccurate claim
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`that he did not make, and by using that false attribution to flag his content so that all would-be viewers
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`of the Fire Video would doubt its integrity. Defendants took this conduct recklessly, without bothering
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`to ensure that its scientist reviewers actually reviewed the Fire Video.
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`Stossel’s Alarmism Video
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`78.
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`On April 17, 2021, Stossel re-published on his Facebook page a video report he had
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`previously published in November 2019, entitled “Are We Doomed?” (the “Alarmism Video”).9 This
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`video questioned claims made by those who Stossel refers to as “environmental alarmists,” including
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`claims that hurricanes are getting stronger, that sea level rise poses a catastrophic threat, and that humans
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`will be unable to cope with the fallout.
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`79.
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`In the Alarmism Video, Stossel included clips of a panel he moderated, attended by a
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`Professor of Climatology at the University of Delaware, a former President of the American Association
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`of State Climatologists, and an astrophysicist. This panel acknowledged rising sea levels and discussed
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`whether humans can adapt to the problems they pose; discussed data that undermine the claim that
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`hurricanes are getting stronger; and discussed how carbon dioxide can be simultaneously a greenhouse
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`gas and a beneficial fuel for crops.
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`80.
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`In the Alarmism Video, Stossel noted that while the panel was intended to be a debate of
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`opposing hypotheses regarding the effects of climate change, the many individuals invited as
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`counterpoints in the debate had refused to attend.
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`81.
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`Stossel concluded the Alarmism Video by asking “It’s confusing when there are so many
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`serious people [on the other side of the debate] who are so worried. I wish there were a real debate. Why
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`won’t the other side debate?”
`Defendants Falsely Label the Alarmism Video as “Partly False”
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`82. When the Alarmism Video had originally been published in November 2019, it received
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`9 See https://www.facebook.com/100044336443834/videos/844893982901945.
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`Case 5:21-cv-07385-VKD Document 1 Filed 09/22/21 Page 15 of 25
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`no label from Defendants.
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`83.
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`Yet, shortly after the April 2021 re-publication of the Alarmism Video, Facebook placed
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`a label prominently over the video, stating “Partly False Information. Checked by independent fact-
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`checkers,” under which was a button stating “See Why,” as follows:
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`84.
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`If a viewer clicked on the “See Why” button, the following text box appears:
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`Complaint
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`Case No.
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`Case 5:21-cv-07385-VKD Document 1 Filed 09/22/21 Page 16 of 25
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`85.
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`If a viewer then clicks on the text box, she is directed to a page on Climate Feedback’s
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`website captioned “[v]ideo promoted by John Stossel for Earth Day relies on incorrect and misleading
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`claims about climate change” (the “‘Fact-Check’ Page”):10
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`86.
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`87.
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`Yet the “Fact-Check” Page identified no false facts in Stossel’s report.
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`Instead, the very language of the “Fact-Check” Page confirmed that what was being
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`10 See Video promoted by John Stossel for Earth Day relies on incorrect and misleading claims about
`climate change – Climate Feedback; also available at https://climatefeedback.org/evaluation/video-
`promoted-by-john-stossel-for-earth-day-relies-on-incorrect-and-misleading-claims-about-climate-
`change/?fbclid=IwAR0zwHkSkUG0u_mu3pRahVy-09w3tcBwGiAuWECjScr5DcyR9Ofj8IxgCbE
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`checked was Stossel’s “reasoning” and “overall scientific credibility” – not the underlying facts cited in
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`his journalism.
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`88.
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`As but one example: in the Alarmism Video, panelist David Legates, Professor of
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`Climatology at the University of Delaware, stated that “[sea levels have] been rising for approximately
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`20,000 years.” This fact is accurate, as shown by the very data cited by Climate Feedback on its ‘Fact-
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`Check’