Herb, Ep 3: The Next Citizens United Will Be a Climate Case
Aug 1, 2023
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The podcast discusses ongoing climate liability cases, the defense of free speech, the history of corporate free speech, protecting multinational oil companies, promoting electric vehicles, and the increasing criminalization of climate protest.
26:40
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Quick takeaways
Fossil fuel companies are using the argument of protected speech to defend themselves in climate liability cases, claiming their misleading statements were aimed at shaping policy or blocking regulation.
Attorney Theodore Butros, known for his defense of free speech under the First Amendment, is involved in defending oil and gas companies in climate liability cases, highlighting the importance of the First Amendment in these cases.
Deep dives
Climate liability cases and the argument for free speech
The podcast discusses climate liability cases brought against fossil fuel companies by various municipalities and states, focusing on the recent cases in Honolulu and Massachusetts. These cases allege that the companies' misleading statements about climate change caused greater climate impacts and increased costs for dealing with those impacts. The defense argument presented by corporate attorneys in these cases revolves around the protection of free speech and petitioning activity under the First Amendment. They claim that the companies' speech was aimed at shaping regulation and therefore protected. However, opposing arguments highlight that free speech does not protect fraud or deception, and that the liability cases aim to hold the companies accountable for their misleading actions.
The role of attorney Theodore Butros in climate liability cases
The podcast highlights attorney Theodore Butros's involvement in defending oil and gas companies in climate liability cases. Butros, known as a top first amendment attorney, has represented Chevron and other defendants in multiple climate liability cases. He has argued for the protection of free speech, including corporate speech, and has been vocal about the importance of the First Amendment in these cases. The podcast also notes Butros's involvement in high-profile cases defending CNN's Jim Acosta and Mary Trump, further emphasizing his expertise in First Amendment issues.
The rise of critical infrastructure bills and the potential implications
The podcast delves into the rise of critical infrastructure bills, which seek to criminalize protests and limit free speech rights. These bills originated as a response to the Dakota Access Pipeline protests and have now been passed in 21 states. The podcast examines how the fossil fuel industry, with the support of corporate lawyers like Derek Morgan, has played a role in shaping these bills. The discussion highlights concerns about the infringement of free speech rights and the potential impact on individuals and small groups that aim to express their views.
In more than 30 climate cases making their way through U.S. courts today, oil companies are using an argument they've been laying the legal groundwork for since the 1970s: that since everything they've ever said about climate change was in the interest of shaping policy or blocking regulation, it's protected speech, even if it was misleading. In this episode we take a look at how those cases are playing out and the likelihood that this new take on "corporate free speech" could make it all the way to the Supreme Court.