Dr. Robert Malone Sues The New York Times for Defamation

“A line has been crossed,” says Dr. Robert Malone.

Malone revealed on his Substack newsletter that he has sued The New York Times for defamation.

RE: Malone v. The New York Times Company et al., by @RWMaloneMD https://t.co/Ln1ok8GB92

— Black Sheep 👁 (@BlackSheepAwake) April 8, 2022

Malone shared a letter from Steven S. Bliss, Attorney at Law, to David E. McCraw, Senior Vice President & Deputy General Counsel The New York Times Company, and Davey Alba. 

An article written by Alba titled “The Latest Covid Misinformation Star Says He Invented the Vaccines” appears to have triggered the lawsuit. 

The letter from Malone’s Substack reads:

Dear Mr. McCraw and Ms. Alba:

I represent Dr. Robert W. Malone in connection with his claims against The New York Times Company (“NYT”), Davey Alba (“Alba”) and unknown editors and publishers for defamation, defamation by implication and insulting words.

On April 3, 2022, NYT published an article on its website written by Alba, entitled “The Latest Covid Misinformation Star Says He Invented the Vaccines”.

Expectedly, NYT and Alba repeatedly republished the Article via social media. [See, e.g., hers Twitter Post 1 and her Twitter Post 2].

The Article contains false and defamatory statements of fact of or concerning Dr. Malone, including:

1. The headline misrepresents that Dr. Malone is the “Latest Covid Misinformation Star” and further states that “[e]ven two years into the pandemic, new misinformation stars are being minted”;

2. The Article falsely accuses Dr. Malone of “spreading unfounded claims about the vaccines and the virus”;

3. The Article falsely states that “in recent months, as the coronavirus pandemic has persisted, he has taken up an entirely different role: spreading misinformation about the virus and vaccines on conservative programs”;

4. The Article misrepresents that “Dr. Malone joins medical professionals and scientists, like Dr. Joseph Mercola and Dr. Judy Mikovits, whose profiles have grown during the pandemic as they spread misinformation about mask-wearing and convoluted conspiracy theories about virus experts like Dr. Anthony Fauci”;

5. The Article misrepresents that “Dr. Malone has twisted legitimate policy debates to use them as cover for continuing to spread misinformation and to advance claims about the pandemic that are demonstrably incorrect”;

6. “Robert Malone is exploiting the fact that data-driven course correction is inherent to the scientific process to peddle disinformation. It’s extraordinarily dishonest and morally bankrupt”.

cont.

In addition to the above false statements, the Article misrepresents Dr. Malone’s credentials, role and achievements in the development of mRNA technology and vaccines:

7. The Article misrepresents that “[w]hile he was involved in some early research into the technology, his role in its creation was minimal at best”; and

8. The Article misstates that “[t]he idea that he is the inventor of mRNA vaccines is a totally false claim”.

Significantly, Dr. Malone offered to show Alba the evidence concerning his research and invention of the mRNA technology, but Alba refused to review it.

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NYT and Alba’s false statements were immediately understood to convey a defamatory meaning about Dr. Malone, see, e.g.:

The letter demands an “immediate public retraction of the false and defamatory statements in the Article, a written apology, and compensation for the presumed and actual damages suffered by Dr. Malone, including the insult, pain, humiliation, embarrassment, mental suffering and injury to his reputation.”

The retractions must “prominently notify NYT’s online advertisers, subscribers, and viewers, and NYT and Alba’s social media followers, that NYT and Alba retract and withdraw the scandalous statements in the Article,” according to the letter.

NYT has been given 30 days from the date of the letter to take action and resolve the matter.

If they refuse or if retractions are insufficient, Dr. Malone “intends to take appropriate legal action to protect his rights and interests.”

Head to Dr. Malone’s Substack Newsletter to read the full letter.