I have a remarkable saga to relate concerning Frank Sulloway's 
controversial work _Born to Rebel_ (1996), last discussed on this 
list back in August  (by Aubry Fulton, also me). Sulloway's thesis is 
that birth order is a variable of great significance throughout 
history and that, in general, later-borns are "born to rebel". My own 
acquaintance with his theory is modest. I've quickly read thorugh his 
book and came to the opinion that while it purported to be a 
scientific evaluation of the evidence bearing on his theory, it was 
more literary than scientific, more pseudo-science than science.

However, it has been taken seriously. For example, MIchael Shermer, 
the editor of _Skeptic_ magazine, callled it "the most rigorously 
scientific work of history ever written {cited by Townsend (2000, p. 
205)). It is the subject of numerous book reviews in prominent 
publications, and at least two attempts have been made to replicate 
the "meta-analysis" [this characterization has been questioned] 
provided by Sulloway as central support for his theory. Both 
replications failed (Modell, 1997; Harris, 1998,  Appendix I; see 
also Harris, 2002).

Now there is yet another evaluation of Sulloway's theory, in the form 
of a special issue of the journal _Politics and the Life Sciences_. 
It contains as the target article a detailed critical analysis by 
Frederick Townsend of Sulloway's theory, 12 commentaries by selected 
scholars (I recognize Ray Blanchard, Cecile Ernst, and Judy Harris, 
among others),  no less than two responses from Frank Sulloway, one 
from Frederic Townsend, and an "editorial", actually a long essay by 
the editor of the journal, Gary Johnson, on the extraordinary  
history of this special issue, and his own evaluation of Sulloway's 
work. 

Why is this a saga? The front cover of the issue gives a clue. It 
says "Volume 19, no. 2, September 2000 (Appearing in print February, 
2004)."  The saga is why publication of this issue of _Politics and 
the Life Sciences_  was delayed for almost five years after 
submission of Townsend's article.

The short answer is legal threat. Sulloway was determined to prevent 
publication of Sulloway's critique, and began an all-out war to 
ensure that this would never occur. Part of the reason was ostensibly 
that Townsend, a lawyer,  lacked formal qualifications in psychology, 
and Sulloway therefore considered him unqualified and therefore 
unworthy of evaluating his theory. But in science, it's not who you 
are, but what you've got to say that counts.  And Townsend had plenty 
to say about Sulloway's theory, largely uncomplimentary.  I think a 
more obvious reason for Sulloway's determination to prevent 
publication may be that Sulloway felt that his theory was above 
criticism and he would therefore tolerate none. (I have to be careful 
here: Sulloway has warned that accusing him of "attempting to avoid 
scholarly criticism"..."may be a defamation in its own right" 
(Johnson, 2000, p. 217))

So Sulloway began a barrage of legal threats against Townsend,  
against the journal editor, Gary Johnson and against the journal 
itself. Here's one of them, from a letter from Sullivan to the 
president of Johnson's university, with a copy to the chair of its 
board of trustees:

"I intend to file charges of misconduct against one of your faculty 
members, Gary R. Johnson...these allegations include, but are not 
necessarily limited to: defamation/libel, false light invasion of 
privacy, fraud, promissory estoppel, and breach of fiduciary duty".

As if that were not enough, he also threatened, "I will also be 
blowing the whistle by filing formal charges of scientific misconduct 
against Gary Johnson with the American Political Science Association, 
the Human Behavior and Evolution Society, members of Congress who 
have shown a concern about science fraud, and all other professional 
organizations with which Professor Johnson or his journal "Politics 
and the Life Sciences" are affiliated" (Johnson, 2000, p. 222).

Who wouldn't be intimidated by such an onslaught! As Johnson (2000, 
p. 213) noted, although his "natural inclination" was to examine the 
manuscript for justifiable changes and then to ignore the threats and 
publish,  this would be unwise, as "merely defending oneself against 
a defamation suit--no matter how unjustified--would involve enormous 
legal fees. Since the threat seemed to be pointedly directed at me 
personally...I had to consider the possibility that simply defending 
myself would gravely threaten the welfare of my family".

To Johnson's credit, he did publish, but only after a near-five year 
delay during which repeated attempts at resolution failed, and only, 
when the journal publisher refused to publish out of fear of 
litigation, by terminating the contract with the publisher, and 
publishing it himself. 

This is a tangled story which I can't do justice to here, and you'll 
have to read Johnson's editorial for the full version.  But here's an 
example of what Sulloway demanded in order to resolve the dispute. He 
wanted Townsend to revise his manuscript to remove all material which 
Sulloway considered defamatory, the revisions to be reviewed by 
Sulloway's lawyer. Then he said it would still be  "_legally 
mandatory_" for editor Johnson to preface Townsend's critique with 
this extraordinary warning:

"...It is normally not the policy of this journal to publish data 
that are known, in advance, to be actually or potentially in error, 
especially when such data are being used in an attack on another 
scholar. However, as editor of this journal, I have decided that it 
serves the purposes of science...to publish these erroneous data in 
their present form. Readers are warned, however, that none of 
Townsend's empirical claims, or the conclusions that are based on 
them, can be trusted with any degree of certainty. Townsend has also 
made other blatant errors of fact and interpretation that are now 
known to the editor and that seriously affect the credibility of this 
paper" (Johnson, 2000, p. 213).

You will not be surprised to learn that Johnson did not publish this 
disclaimer helpfully provided for him by Sulloway. But as I read  
through Townsend's critique, I see that the poor put-upon man felt 
compelled, in self-defense, to extreme caution in the way he phrased 
his conclusions. Consequently,  he would frequently end a section of 
powerful criticism by innocuously concluding only that  "an 
examination of these results seems warranted"; "a re-examination 
would be appropriate"; or "a closer examination of thse results seems 
warranted".

There is definitely an element of the farcical about this story, 
although those who survived what Johnson calls an "ordeal" 
undoubtedly derived little amusement from it.  But there is a serious 
lesson. The story illustrates the use of threat of legal action to 
silence critics of a theory; fortunately, this time it did not 
succeed. But this is not the first time this tactic has been used, 
and it will not be the last. Here are Gary Johnson's thoughts on the 
matter (p. 241)

"The virtual terror that Sulloway's legal threats have prompted in 
some of those associated--directly or indirectly--with the events 
described in this editorial suggests to me that contemporary science 
must adapt to a changed socio-legal environment if the capacity for 
open dialogue and critical exchange that is the lifeblood of science 
and scholarship is to be protected. Scholars, scientists, and 
publishers cannot focus properly on what should be their principal 
concerns if the threat of catastrophic legal costs hangs over them 
and their organizations and journals. One way to reduce the level of 
threat that individuals and small organizations face would be to 
establish a multidisciplinary legal defense fund supported by a large 
number of scientific and scholarly organizations".

Good idea.

If anyone would like to obtain (presumably to purchase) a copy of 
this special issue, Gary Johnson's e-mail address is:
[EMAIL PROTECTED]

Frederick Townsend is at [EMAIL PROTECTED]

Frank Sulloway is at [EMAIL PROTECTED]


Stephen


References

Harris, J. (1998). The Nurture Assumption. Touchstone.

Harris, J. (2002). The mystery of _Born to Rebel_: Sulloway's
   re-analysis of old birth order data. Available on-line at:
   http://xchar.home.att.net/tna/birth-order/methods.htm

Johnson, G. (2000). Editorial: Science, Sulloway, and birth order:    
 an ordeal and an assessment. Politics and the Life Sciences, 19,     
 211-  245

Modell, J. (1997). Family niche and intellectual bent. Science, 
   275, 624--

Townsend, F. (2000). Birth order and rebelliousness: reconstructing 
the research in _Born to Rebel_. Politics and the Life Sciences, 
   19, 135--156

Townsend, F. (2000). Taking _Born to Rebel_ seriously: the
  need for independent review. Politics and the Life Sciences, 19, 
  205-210.

___________________________________________________
Stephen L. Black, Ph.D.            tel:  (819) 822-9600 ext 2470
Department of Psychology         fax:  (819) 822-9661
Bishop's  University           e-mail: [EMAIL PROTECTED]
Lennoxville, QC  J1M 1Z7
Canada

Dept web page at http://www.ubishops.ca/ccc/div/soc/psy
TIPS discussion list for psychology teachers at
 http://faculty.frostburg.edu/psyc/southerly/tips/index.htm    
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