I have a lot of legal experience recently as a defendant, so in the Levitt vs Lott defamation spat, I found myself sympathetic to the defendant, Levitt. Levitt's admission that he said things to the effect that Lott was manipulating his results, and just plain dumb, I figured was his rightful opinion. Heck, if we are to make it illegal to have bad opinions, we would all be in jail. I saw a Blogging Heads episode where Eric Alterman--who is not stupid--was genuinely puzzled that anyone would read the Wall Street Journal because it was so obviously biased and ignorant. Yet it might be the most valuable asset in journalism, so people disagree with Alterman's assessment. For any really smart guy or institution, like Milton Friedman or Noam Chomsky, Fox News or the BBC, their will be a sizable group who finds them corrupt and/or clueless. People have to learn to live with the fact that no one but Kim Jong-Il or Fidel Castro get 100% approval ratings. In sum, that someone thinks you are dumb or corrupt is so common it is hardly worth a legal remedy.

I had read the one sentence from Freakonomics that Lott found offensive, and was unmoved, as was the judge. But I just read the email that Levitt wrote to John McCall, where he asserts in a private e-mail that Lott's work published in a volume of the Journal of Law and Economics was a puff piece, bought and paid for by Lott or his puppet masters. As Levitt is a powerful person in economics (Editor of the highly respected Journal of Political Economy), whose opinion is therefore important to other people, with power comes responsibility. He is not a politician, so I think he should be free to say whatever he wants in public, no matter how mean or petty. To the extent he slanders or libels someone in public, its good advertising, because no one gets really mad when someone says 2+2=5, they get mad when you make good points.

But private correspondence is more problematic. If behind the scenes a powerful man is slandering someone, there's no accountability, it generates damages, and basically constitutes a conspiracy. This is especially so in this case because Levitt appears to have acted in bad faith, misstating known facts about things like whether something was refereed, or whether he met Lott, etc.

Another reminder that economists, like everyone else, are all too human. I hope Levitt takes this lesson to heart