From: Steven S. Biss,
Attorney At Law
300 West Main Street, Suite 102 Charlottesville, Virginia 22903
April 6, 2022
To: David E. McCraw
Senior Vice President & Deputy General Counsel The New York Times Company
620 Eighth Avenue
New York, New York 10018 mccrad@nytimes.com
(and) Davey Alba
dalba@bloomberg.net davey.alba@gmail.com
RE: Malone v. The New York Times Company et al.
Dear Mr. McCraw and Ms. Alba:
I represent Dr. Robert W. Malone in connection with his claims against The New York Times Company (“NYT”), Davey Alba (“Alba”) and unknown editors and publishers for defamation, defamation by implication and insulting words.
On April 3, 2022, NYT published an article on its website written by Alba, entitled “The Latest Covid Misinformation Star Says He Invented the Vaccines”.
Expectedly, NYT and Alba repeatedly republished the Article via social media. [See, e.g., hers Twitter Post 1 and her Twitter Post 2].
The Article contains false and defamatory statements of fact of or concerning Dr. Malone, including:
1. The headline misrepresents that Dr. Malone is the “Latest Covid Misinformation Star” and further states that “[e]ven two years into the pandemic, new misinformation stars are being minted”;
2. The Article falsely accuses Dr. Malone of “spreading unfounded claims about the vaccines and the virus”;
3. The Article falsely states that “in recent months, as the coronavirus pandemic has persisted, he has taken up an entirely different role: spreading misinformation about the virus and vaccines on conservative programs”;
4. The Article misrepresents that “Dr. Malone joins medical professionals and scientists, like Dr. Joseph Mercola and Dr. Judy Mikovits, whose profiles have grown during the pandemic as they spread misinformation about mask-wearing and convoluted conspiracy theories about virus experts like Dr. Anthony Fauci”;
5. The Article misrepresents that “Dr. Malone has twisted legitimate policy debates to use them as cover for continuing to spread misinformation and to advance claims about the pandemic that are demonstrably incorrect”;
6. “Robert Malone is exploiting the fact that data-driven course correction is inherent to the scientific process to peddle disinformation. It’s extraordinarily dishonest and morally bankrupt”.
The qualities disparaged by NYT and Alba…
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