Harvard law professor sues New York Times over Jeffrey Epstein story

Joey Garrison | USA TODAY

Show Caption Hide Caption Epstein's death ruled a suicide by hanging New York City's chief medical examiner has ruled that Jeffrey Epstein died by suicide. Epstein was found dead in his cell on Aug. 10.

BOSTON — A prominent Harvard University law professor sued the New York Times on Monday, accusing the newspaper of defamation for the headline and lede of a story related to donations from sex offender Jeffrey Epstein.

In a lawsuit filed in Massachusetts federal court, an attorney for Lawrence Lessig — a law professor, legal scholar and activist — contends the Times published a "sensationalized, false and defamatory 'clickbait' headline and lede" that was the "direct opposite" of his position.

At issue is a Sept. 14 Times story with the headline, "A Harvard Professor Doubles Down: If You Take Epstein’s Money, Do It in Secret." The first sentence reads, "It is hard to defend soliciting donations from the convicted sex offender Jeffrey Epstein. But Lawrence Lessig, a Harvard Law professor, has been trying."

The lawsuit says the Times story was met with "mass outrage in Cambridge and Somerville, in Lessig's nationwide social media following, by countless victims of sexual assault, and in the infinite depths of the 'Twittersphere.' Within hours, Lessig became associated with the notoriety surrounding the Epstein scandal, and the community that quietly or silently tolerated such monstrosity."

Danielle Rhoades Ha, vice president of communications for the New York Times, said the newspaper defended the story's accuracy and will fight the claim.

"When Professor Lessig contacted The Times to complain about the story, senior editors reviewed his complaint and were satisfied that the story accurately reflected his statements. We plan to defend against the claim vigorously."

The Times article was based on comments Lessig made a week earlier in a 3,500-word online essay on the website Medium, and subsequent interviews with a Times reporter, about his take on donations a Massachusetts Institute of Technology professor, Joi Ito, took from Epstein to benefit MIT's Media Lab.

In his essay, Lessig explained why he signed a petition expressing support for Ito, who resigned as director of the MIT Lab in September when it was revealed by the New Yorker he took $525,000 in donations from Epstein that he marked as anonymous. The donations came to light after Epstein, a wealthy financier, died in federal prison in August while awaiting new federal sex trafficking charges.

Lessig wrote at the time, "Everyone seems to treat it as if the anonymity and secrecy around Epstein’s gift are a measure of some kind of moral failing. I see it as exactly the opposite. IF you are going to take (this) money, then you should only take it anonymously."

But the lawsuit argues that Lessig did not say he supports universities accepting money from donors like Epstein — and in fact repeatedly said doing so was "a mistake" — but believes they should at minimum take the money anonymously to avoid laundering the reputation of donors. In the same essay, Lessig wrote, "I believe it was a mistake to take this money, even if anonymous."

The lawsuit says Lessig asked the Times to edit the headline and lede after the story was published but the newspaper did not.

Lessig wrote that he chose to defend Ito because his friend was being "scapegoated" when MIT deserved to be held accountable.

In an addendum Lessig tacked on to his original essay before the Times story published, he reiterated that "if" a great university takes contributions from criminals like Epstein then they should be anonymous.

"That conditional has been heard by some to mean I support the idea of a great university taking (contributions from people like Epstein.) I do not," the addendum read. "I believe a great university should say, absolutely, it won’t take money from criminals."

Reach Joey Garrison on Twitter @joeygarrison.