The Climate Police Blink
The AGs prosecuting dissent run up against the First Amendment.
ENLARGE
Photo: Getty Images/iStockphoto
Consider Mr. Walker’s recent retreat in District of Columbia superior court. In April he issued a sweeping subpoena to the Competitive Enterprise Institute, demanding a decade of emails, policy work and donor names. The goal is to intimidate anyone who raises doubts about climate science or the policy responses.
CEI fought back. It ran a full-page newspaper ad highlighting the Walker-Schneiderman effort to criminalize speech, and it counter-sued the Virgin Islands, demanding sanctions and attorneys fees.
The District of Columbia has a statute to deter what is known as a Strategic Lawsuit Against Public Participation (SLAPP). The law exists to curb malicious lawsuits that are designed solely to chill speech, and they put the burden on filers like Mr. Walker to show why their actions are likely to succeed.
Mr. Walker quietly withdrew his subpoena on May 20 (though retaining the right to reinstate it). CEI is pressing ahead with its suit anyway, and in an extraordinary filing on June 2 Mr. Walker essentially said “never mind.” He asked the court to dismiss CEI’s motion for sanctions and fees, writing that the think tank had “wasted enough of [his office’s] and the Court’s limited time and resources with its frivolous Anti-SLAPP motion.”
Mr. Schneiderman is also on defense for his subpoena barrage and claim that Exxon is guilty of fraud on grounds that it supposedly hid the truth about global warming from the public. The AG felt compelled to devote an entire speech at a legal conference to justify his actions. He accused Exxon and outside groups of engaging in “First Amendment opportunism,” which he said was a “dangerous new threat” to the state’s ability to protect its citizens. So exercising free speech to question government officials who threaten free speech is a threat to free speech.
He also cited a 1978 opinion in First National Bank of Boston v. Bellotti by then Justice William Rehnquist that the AG said supported his action against Exxon. Mr. Schneiderman failed to note he was quoting a Rehnquist dissent, meaning the law is the opposite of what the AG suggests.
The left keeps losing the climate political debate, so it resorts to imposing its policies by regulatory diktat as President Obama has, and now it is trying to use government power to intimidate and silence opponents. Congrats to CEI and Exxon for insisting that these political prosecutors obey the law.
