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Groups file in support of UVa in climate suit

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Four organizations filed an amicus brief Tuesday in support of the University of Virginia’s effort to resist Attorney General Ken Cuccinelli’s demand for documents related to the research of global warming expert Michael Mann, who worked at UVa from 1999 to 2005.

The groups signing the amicus brief were the ACLU of Virginia, the American Association of University Professors, the Union of Concerned Scientists and the Albemarle County-based Thomas Jefferson Center for the Protection of Free Expression.

The four organizations argue that Cuccinelli’s “civil investigative demand” should be set aside because they believe it runs afoul of the First Amendment and the principle of academic freedom.

“[T]he Attorney General’s approach — investigating a professor on suspicion of fraud simply because his work has sparked political and scientific controversy — could have a grave chilling effect on scholarship and research at universities,” the groups wrote in their brief, filed in Albemarle County Circuit Court. “Seeking to avoid the stigma (not to mention legal costs) involved in a fraud investigation, professors would hesitate to research, publish, or even teach on potentially controversial subjects.”

Cuccinelli, a climate change skeptic, is seeking records from UVa related to the communications and research of Mann, a former UVa professor of environmental sciences and a prominent global warming researcher.

Cuccinelli is investigating the possibility that Mann violated the Virginia Fraud Against Taxpayers Act when he obtained five research grants while employed by UVa.

Pennsylvania State University, Mann’s employer since 2005, has investigated Mann and cleared him of wrongdoing.

UVa is challenging Cuccinelli’s effort in court. Oral arguments are scheduled to take place Friday.

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