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Reason
Reason
Politics
Eugene Volokh

Pennsylvania Sen. Douglas Mastriano's Libel Claims Made Clear

Mastriano v. Gregory (W.D. Okla.) involves a lawsuit that's mostly about a controversy related to Pennsylvania state senator Douglas Mastriano's Ph.D. thesis (in military history). Some backstory, from the Canadian Broadcasting Corporation (Aidan Cox):

The University of New Brunswick has become the target of legal action by a Republican politician in Pennsylvania who's accusing the school of leaking his doctoral thesis and of participating in a scheme to discredit his research on a First World War hero.

Doug Mastriano, a U.S. Army veteran and state senator, is suing UNB and several of its faculty members following a wave of criticism directed at the thesis he wrote on Sgt. Alvin C. York that earned Mastriano a PhD from the university in Fredericton.

"Defendants embarked on a racketeering enterprise to deprive Col. Mastriano of his intangible property interests in his PhD, his books, and his speaking engagements," says the lawsuit, filed in Oklahoma by lawyer Daniel Cox….

The lawsuit says it was filed in that court because James Gregory …, one of the named defendants, lives in that jurisdiction….

The lawsuit also includes a libel claim, but the alleged libel at the heart of Mastriano's libel claim (one of several claims in the case) was sealed, and parts of an online article that is claimed to be the basis for the lawsuit was redacted. I successfully moved to intervene and unseal those exhibits (you can see them here and here), and it turns out that the libel claim isn't about the thesis after all. Rather, it stems from a letter sent in the name of UNB History Department faculty that condemns Mastriano on ideological grounds, e.g.,

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