Steven Novella Honored with CSI's Robert P. Balles Prize in Critical
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Xzz^ Investigation of Claims of the Paranormal
EDITOR'S NOTE Skeptical Inquirer THE MAGAZINE I O «t SCIENCE AND REASON EDITOR Voodoo Science, and Giving Astrologers Kendrick Frazier EDITORIAL BOARD A Final Chance James E. Alcock Barry Beyerstein Thomas Casten hysicist Robert Park had already had a good career as a physics professor when Martin Gardner Phe gained some national following in the past decade among scientists and sci Ray Hyman ence writers with his weekly "What's New" electronic newsletter distributed Lawrence Jones Fridays from the Washington office of the American Physical Society. From there Philip J. Klass Paul Kurtz he has a fine vantage point for watching the foibles of those who seek to warp sci Joe Nickell ence for their own political agendas or attract public policy support for all manner Lee Nisbet of semiscientific or pseudoscientific schemes, from alternative medical fads to free- Amardeo Sarma energy machines. Now his new book Voodoo Science has thrust him into the Bela Scheiber Eugenie Scott public eye. It draws upon his knowledge of physics, understanding of Washington CONSULTING EDITORS politics, and wry outlook to explore the four aspects of what he calk voodoo Robert A. Baker science: pathological science, in which scientists fool themselves; junk science, in Susan I. Blackmore which people try to befuddle jurists or lawmakers with tortured theories of what John R. Cole Kenneth L. Feder am Id he so rather than what is so; pseudoscience, where there is no evidence but the C. E. M. Hansel language and symbols of science arc used; and fraudulent science, where honest E. C. Krupp error has evolved from self-delusion to fraud. -
In the Supreme Court of the United States
NO. 17-_____ In the Supreme Court of the United States EDWARD LEWIS TOBINICK, MD, a Medical Corporation d/b/a INSTITUTE OF NEUROLOGICAL RECOVERY, INR PLLC, d/b/a INSTITUTE OF NEUROLOGICAL RECOVERY, EDWARD TOBINICK, M.D., Petitioners, –v– STEVEN NOVELLA, M.D., Respondent. On Petition for Writ of Certiorari to the United States Court of Appeals for the Eleventh Circuit PETITION FOR WRIT OF CERTIORARI CULLIN A. O’BRIEN, ESQ. COUNSEL FOR PETITIONERS CULLIN O’BRIEN LAW, P.A. 6541 NE 21ST WAY FT. LAUDERDALE, FL 33308 (561) 676-6370 [email protected] SEPTEMBER 1, 2017 SUPREME COURT PRESS ♦ (888) 958-5705 ♦ BOSTON, MASSACHUSETTS i QUESTIONS PRESENTED In our age of the Internet, false disparagement against individuals and businesses can be lucrative. An Internet entrepreneur can funnel web-traffic for profit, through sophisticated uses of disparaging “click baiting,” “Internet trolling,” hyperlinks, hypertext, clickable banner ads, podcasts, Facebook, Instagram, email listservs and other systems. Individuals seeking legal redress from false Internet defamation can confront state court anti-SLAPP procedures that accelerate adjudication of the defendant’s “actual malice.” In contrast, businesses seeking federal court protection from false Internet disparagement under the Lanham Act, 15 U.S.C. § 1125(1)(B), are entitled to the summary adjudication safeguards of Federal Rule of Civil Procedure 56. The questions presented to this Court are: 1. When a defendant is sued for both common law defamation and business disparagement under the Lanham Act, 15 U.S.C. § 1125(a)(1)(B), does the application of state civil court anti-SLAPP procedure irreconcilably conflict with Federal Rule of Civil Procedure 56? 2. -
Book Reviews Gullible's Travels in Psi-Land
Book Reviews Gullible's Travels in Psi-Land Mindwars: The True Story of Secret Government Research into the Military Potential of Psychic Weapons. By Ronald M. McRae. St. Martin's Press, New York, 1984. 192 pp. $12.95 Philip J. Klass HE BOOK JACKET reads: "Did you know the government is spending tax Tdollars on projects like 'Madame Zodiac' and the 'First Earth Battalion'? What is the 'psychic howitzer' and can it really blast missiles out of the sky? In this controversial book, Ron McRae documents the incredible story of official research into the military uses of parapsychology. Using interviews with confi dential inside sources along with recently declassified documents, he reveals the suppressed results of long-term top-secret research into telepathy, clairvoyance, and psychokinesis carried out by the Navy, the CIA, and the nation's most prestigious research institutes. Whether or not you believe in the powers of parapsychology, you'll be convinced that Mindwars holds profound implications for the future of warfare, science and mankind." This book convinced me that, if the government opted to sue the publisher under the truth-in-labeling laws, it would win its case handily, even allowing for the customary "hype" of book jackets. The well-known columnist Jack Anderson, who wrote the book's introduc tion, offers useful background on the author: "Ron McRae knows investigative journalism from inside and out. For several years, he was one of those 'unauthor ized sources' within the government I have always depended on. In 1979, he came in from the cold and joined my staff as an intern. -
FDA, FTC, and the Regulation of Pseudoscience
In Pursuit of Science-based Regulation: FDA, FTC, and the Regulation of Pseudoscience What does “natural” mean? The Food and Drug Administration (“FDA”) has posed this seemingly innocuous question to the public in a recent request for information.1 Aside from it being a truly interesting, if overly philosophical question to ask the public, the move is emblematic of a recent trend, both from the (“FDA”) and the Federal Trade Commission (“FTC”), to regulate based on some articulable scientific premise, rather than allowing various actors to make wide-ranging claims about their products without repercussion. 2 In particular, the agencies have begun targeting dietary supplement manufacturers, homeopathic remedies, and most recently, Lumosity. Lumosity and the FTC Lumosity advertises copiously on networks and websites that include “CNN, Fox News, the History Channel, National Public Radio, Pandora, Sirius XM, and Spotify.” 3 Created by “Lumos Labs,” Lumosity is a web-based product consisting of 40 games, which Lumosity claimed that, when played “10 to 15 minutes three or four times a week could help users achieve their ‘full potential in every aspect of life.’”4 The FTC got involved because Lumos Labs claimed playing Lumosity’s games would 1) improve performance on everyday tasks, in school, at work, and in athletics; 2) delay age- related cognitive decline and protect against mild cognitive impairment, dementia, and Alzheimer’s disease; and 3) reduce cognitive impairment associated with health conditions, including stroke, traumatic brain -
Neurologica Blog » Why Are We Conscious?
NeuroLogica Blog » Why Are We Conscious? http://theness.com/neurologicablog/index.php/why-are-we-conscious/ Home About The Author – Steven Novella, MD Topic Suggestions Feb 06 2017 Why Are We Conscious? Published by Steven Novella under Neuroscience Comments: 26 In Daniel Dennett’s latest book,From Bacteria to Bach and Back: The Evolution of Minds, Dennett explores a number of issues surrounding consciousness. I have not yet completed the book and so may come back to it again, but wanted to discuss one topic that Dennett covers – why are we conscious in the first place? Dennett makes a distinction between competence and comprehension. Competence is the ability to perform some task, while comprehension is understanding the task and the process. The former is unconscious, while the latter is conscious. This touches on Chalmers’ “P-zombie” problem – if we can imagine an organism that can do everything a human does without experiencing its own existence (a philosophical zombie), then why did consciousness evolve at all? There are several possible solutions to this problem. The first is that humans were “designed” to be conscious by whatever agent made us. This introduces unnecessary elements and contradicts established science, so I think we can set that aside. The second solution is that consciousness is an epiphenomenon. We don’t need to be conscious, but we evolved consciousness as an evolutionary accident. This may be true, but is unsatisfying as it just side-steps the question of what use is consciousness. The third solution, which I find compatible with the evidence and compelling, is that consciousness is inherent to the functioning of our brains and brings with it specific advantages. -
Clever Hans's Successors Testing Indian Astrology Believers' Cognitive Dissonance Csicon Nashville Highlights
SI March April 13 cover_SI JF 10 V1 1/31/13 10:54 AM Page 2 Scotland Mysteries | Herbs Are Drugs | The Pseudoscience Wars | Psi Replication Failure | Morality Innate? the Magazine for Science and Reason Vol. 37 No. 2 | March/April 2013 ON INVISIBLE BEINGS Clever Hans’s Successors Testing Indian Astrology Believers’ Cognitive Dissonance CSICon Nashville Highlights Published by the Committee for Skeptical Inquiry March April 13 *_SI new design masters 1/31/13 9:52 AM Page 2 AT THE CEN TERFOR IN QUIRY –TRANSNATIONAL Ronald A. Lindsay, President and CEO Massimo Polidoro, Research Fellow Bar ry Karr, Ex ec u tive Di rect or Benjamin Radford, Research Fellow Joe Nickell, Senior Research Fellow Richard Wiseman, Research Fellow www.csicop.org James E. Al cock*, psy chol o gist, York Univ., Tor on to Thom as Gi lov ich, psy chol o gist, Cor nell Univ. Robert L. Park,professor of physics, Univ. of Maryland Mar cia An gell, MD, former ed i tor-in-chief, David H. Gorski, cancer surgeon and re searcher at Jay M. Pasachoff, Field Memorial Professor of New Eng land Jour nal of Med i cine Barbara Ann Kar manos Cancer Institute and chief Astronomy and director of the Hopkins Kimball Atwood IV, MD, physician; author; of breast surgery section, Wayne State University Observatory, Williams College Newton, MA School of Medicine. John Pau los, math e ma ti cian, Tem ple Univ. Steph en Bar rett, MD, psy chi a trist; au thor; con sum er Wendy M. Grossman, writer; founder and first editor, Clifford A. -
Jennifer Forester, Faculty Mentor
Pics or It Didn’t Happen: Sexist Hyperskepticism in the Modern Skeptical Movement Author: Jennifer Forester, Faculty Mentor: Clark Pomerleau, Ph.D., Department of English, College of Arts and Sciences Department and College Affiliation: Department of English, College of Arts and Sciences Pics or It Didn’t Happen 2 Bio: Jennifer Forester graduated summa cum laude from the University of North Texas with a bachelor’s degree in English with a specialization in writing and rhetoric. Jennifer was a member of the Honors College. She presented her research at University Scholars Day in April 19, 2013. She is proud of her service in the United States Marine Corps where she was a Corporal (Bandsman, Armorer) in Cherry Point, North Carolina. She is a mother of two brilliant, if often unruly, children. Her current plan is to find gainful employment, but promises that she will eventually return to college and obtain her doctorate in rhetoric with a particular focus on the ways that rhetorical studies can be applied to social justice. Pics or It Didn’t Happen 3 Abstract: In the skeptical community, there is an ongoing conflict over what—if any—actions are necessary to make the movement more welcoming to the growing numbers of women in its ranks. This conflict has brought a great deal of antifeminist sentiment to the surface, to include rape and death threats against prominent women who speak affirmatively on feminist issues within organized skepticism. The origins of this problem can be found in the grounding of skeptical dialogue on the superiority of a traditionally masculinized ideal of science and reason, which excludes the feminized personal narratives that serve as evidence for mistreatment of women within the community. -
Psychic Vibrations
Psychic Vibrations : Barbie's Essence, Creationist Tactics, and Hyperspatial Hoax ROBERT SHEAFFER e've all heard about people the 60s and 70s," writes the editor, who channel the spirits of Barbara, who withholds her last name. WCro-Magnon warriors and "Since childhood I have been gifted Indian princesses, but a recent New with an intensely personal, growth- Age breakthrough apparently makes oriented relationship with Barbie, the it possible to receive messages from polyethylene essence who is 700 entities that never had spirits in the million teaching essences. Her influ- first place. From San Anselmo, Cali- ence has transformed and guided fornia, not far from San Francisco, the many of my peers through pre- Barbie Channeling Newsletter celebrates puberty to fully realized maturity. Her this feat. "I channel Barbie, archetyp- truths are too important to be pre- ical feminine plastic essence who packaged. My sincere hope is to let embodies that stereotypical wisdom of the voice of Barbie, my Inner name- twin, come through. Barbie's mes- sages are offered in love." No word yet on whether anything has been heard from Barbie's plastic boyfriend, Ken. Creationists everywhere will soon be flocking to the new Museum of Creation and Earth History, located on the top floor of the Headquarters Building of the Institute for Creation Research (ICR) near San Diego. This new 4,000-square-foot museum has a separate exhibit representing each day of Creation Week. Other exhibits center around "The Fall and the Curse." Visitors to the museum start off with a walking tour "through the newly created universe, then the Garden of Eden, followed by entrance *3£" into the regime of sin and death." Next they enter Noah's Ark, followed by 138 SKEPTICAL INQUIRER, Vol. -
'Alternative' Medicines 20 August 2014
Experts denounce clinical trials of unscientific, 'alternative' medicines 20 August 2014 Experts writing in the Cell Press journal Trends in science-based medicine rather than evidence-based Molecular Medicine on August 20th call for an end medicine. Biologically plausible treatments should to clinical trials of "highly implausible treatments" advance to randomized clinical trials only when such as homeopathy and reiki. Over the last two there is sufficient preclinical evidence to justify the decades, such complementary and alternative effort, time, and expense, as well as the use of medicine (CAM) treatments have been embraced human subjects. in medical academia despite budget constraints and the fact that they rest on dubious science, they "Somehow this idea has sprung up that to be a say. 'holistic' doctor you have to embrace pseudoscience like homeopathy, reiki, traditional The writers, David Gorski of Wayne State Chinese medicine, and the like, but that's a false University School of Medicine and Steven Novella dichotomy," Gorski said. "If the medical system is of Yale University, argue that, in these cases, the currently too impersonal and patients are rushed medical establishment is essentially testing through office visits because a doctor has to see whether magic works. Gorski and Novella are both more and more patients to cover his salary and editors for Science-Based Medicine, an expenses, then the answer is to find a way to fix organization and blog dedicated to exploring the those problems, not to embrace quackery. complicated relationship between science and 'Integrating' pseudoscience with science-based medicine. medicine isn't going to make science-based medicine better. -
Court Closes Tobinick Suit Against Dr. Steven Novella
Case 9:14-cv-80781-RLR Document 288 Entered on FLSD Docket 10/02/2015 Page 1 of 10 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 9:14-CV-80781 ROSENBERG/BRANNON EDWARD LEWIS TOBINICK, M.D., et al, Plaintiffs, v. STEVEN NOVELLA, M.D., Defendant. / ORDER GRANTING DEFENDANT DR. STEVEN NOVELLA M.D.’S MOTION FOR SUMMARY JUDGMENT THIS CAUSE comes before the Court on Defendant Dr. Steven Novella M.D.’s Renewed Motion for Summary Judgment [DE 251]. The Court has reviewed the motion, the response [DE 272], the reply [DE 277], and the attached exhibits. The Court has also reviewed the record and is otherwise fully advised in the premises. For the reasons set forth below, the Motion [DE 251] is GRANTED. The speech at issue is not actionable under the Lanham Act because it is not commercial speech, and Plaintiffs’ unfair competition claims fail as well because they rely on a similar theory of liability. I. BACKGROUND Plaintiffs’ Amended Complaint, filed on August 1, 2014, brought five counts against four defendants. See DE 55. Many claims and defendants have been disposed of earlier in this litigation. The only remaining claims are: Count I for violation of the Lanham Act, 15 U.S.C. § 1 Case 9:14-cv-80781-RLR Document 288 Entered on FLSD Docket 10/02/2015 Page 2 of 10 1125(a), and Count II for unfair competition.1 The only remaining Defendant is Dr. Steven Novella, M.D.2 Counts I and II of the Amended Complaint are based on two articles written by Defendant Novella and published online at sciencebasedmedicine.org. -
Exuberant Champion of the New Enlightenment
Jan Feb 13 2_SI new design masters 11/29/12 11:26 AM Page 14 Exuberant Champion of the New Enlightenment KENDRICK FRAZIER countries around the globe. From the beginning he was deeply knowledgeable about, and directly in- volved in, scientific-based skeptical in- quiry. This energized our committee and SI as well. He had more energy and enthusiasm than three people. His output of writing was prodigious. He was overwhelmingly positive and optimistic. And courageous. And something else—exuberant. It was such a pleasure to be his colleague. Paul was my mentor and my friend. He brought me into CSICOP (now CSI). He strongly supported me and SI. A young CSICOP chairman Paul Kurtz, lower right, watches a younger Ken Frazier, then still editor ofScience He granted us editorial autonomy, pub- News but about to become editor of SI, speak at first CSICOP meeting in August 1977 in New York City. licly. When controversy came, as it often did, he always encouraged me. He felt Paul Kurtz had a broad and clear vision aggressive. He always emphasized the that if you are not creating some contro- for a return to Enlightenment values— positive. versy, you are not doing things right. And reason, scientific thinking, and reliance on By his own example of thoughtful he practiced his own humanist values. human thought, not authority or super- philosophical discourse and open- He was kind to me and my family in naturalism, for our ethical values and re- minded critical inquiry and by the caliber ways no one will ever know. sponsibilities to each other. -
Why Skepticism? STEVEN NOVELLA
ISSUES IN SCIENCE & SKEPTICISM: 40th Anniversary Celebration Why Skepticism? STEVEN NOVELLA wenty years ago, I became actively involved in the hand-in-hand with logic and skeptical movement when I and several others founded philosophy, and therefore skep- T tics also promote understanding a humble local skeptical group. We were inspired by of these fields and the promotion CSICOP (now CSI) and SKEPTICAL INQUIRER to add of critical thinking skills. what we could to efforts to make the world a more skep- Science vs. Pseudoscience: Skep- tical place. tics seek to identify and elucidate Over the past two decades, as possible in our beliefs and the borders between legitimate the skeptical landscape has opinions. This means subjecting science and pseudoscience, to changed quite a bit, but one all claims to a valid process of expose pseudoscience for what it constant has been the endless evaluation. is, and to promote knowledge of question: What is skepticism? Methodological Naturalism: how to tell the difference. What exactly do we do and why? Skeptics believe that the world Ideological Freedom/Free In- As the movement has grown and is knowable because it follows quiry: Science and reason can diversified, the question has be- certain rules or laws of nature. flourish only in a secular society come only more complex. The only legitimate methods in which no ideology (religious for knowing anything empirical or otherwise) is imposed upon individuals or the process of sci- What Is the Mission of the about the universe follows this ence or free inquiry. Skeptical Movement? naturalistic assumption. In other words, within the realm of the Neuropsychological Humility: I have come to understand that empirical you don’t get to invoke Being a functional skeptic re- scientific skepticism is a weird magic or the supernatural.