ExxonKnews: Big Oil’s false advertising is not free speech

Oil and gas majors have failed so far to thwart climate liability cases using the First Amendment — and the law still isn’t on their side, a new paper argues.

ExxonKnews

January 24, 2023

“Big Oil peddled the big lie,” U.N. Secretary General Antonio Guterres said last week following the release of a new study showing Exxon’s acute scientific understanding of climate change preceded its public denial. Facing ever-mounting evidence of their climate deception, and lawsuits seeking to hold them accountable, major fossil fuel companies are clinging to one last-ditch defense: it was all protected free speech. 

But does the First Amendment actually shield companies’ commercial public speech from liability, even if that speech amounted to lying about a global crisis with deadly consequences? A new article published this month in the Environmental Law Reporter by Katie Horner, a New York attorney, says it does not.

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