From today's D.C. Circuit decision in Butters v. Nat'l Acad. of Sciences, by Judge Douglas Ginsburg, joined by Judges Karen LeCraft Henderson and Florence Pan:
This consolidated appeal involves claims of defamation, defamation by implication, and false light invasion of privacy relating to the rescission of Luis Jaime Castillo Butters's membership in the National Academy of Sciences. Castillo brought these claims against the NAS and its president, Marcia McNutt, after they made statements concerning Castillo's ouster….
Castillo is a professor of archaeology at the Pontifical Catholic University of Peru. The NAS, a "private, nonprofit organization of the United States' leading researchers," elected Castillo to be an international member in 2012. In the Spring of 2021, a former student of Castillo's filed a complaint with the NAS. She publicly accused Castillo of sexual harassment in Peru and asked the NAS to expel him.
The NAS rescinded Castillo's membership on October 9, 2021. On the 13th, President McNutt informed NAS members by email that Castillo's membership had been rescinded for a Code of Conduct violation. That email mentioned a password-protected website with further information for NAS members. On October 15, the NAS made the news of Castillo's ouster publicly available on the organization's website: "Luis Jaime Castillo Butters; NAS Code of Conduct violation, Section 4; membership rescinded." Section 4 not only requires members to treat others with respect and collegiality but also broadly prohibits all forms of discrimination, harassment, and bullying.
The court concluded that Castillo had adequately alleged that these statements were false and had a defamatory meaning:
