First Amendment
What Next for the Climate Tort Cases?
Cases against the oil companies are back to state court. It’s time to map out the next steps.
With the Supreme Court’s refusal to take up the issue, the lawsuits against the oil industry are heading back to state court. That’s where the plaintiffs wanted those cases from the beginning, but it’s by no means the last of the issues they will confront. The oil companies will fight a scorched earth campaign, spending …
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CONTINUE READINGLobster Wars
An industry lawsuit against Monterey Aquarium is a blatant assault on free speech.
The Maine lobster industry is suing the Monterey Aquarium for advising consumers to avoid Maine lobsters. This is “cancel culture” on steroids. The Aquarium has taken a stand the industry doesn’t like, so the industry is trying to silence it and its other critics. “Silencing” here is quite literal: the industry is seeking an injunction …
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CONTINUE READINGWhere’s the Beef?
Mississippi’s “Veggie Burgers” Ban is Almost Certainly Unconstitutional
Mississippi recently passed a law that has the effect of banning terms like “veggie burger.” It’s easy to imagine other states passing similar laws. From an environmental view, that’s problematic, because beef in particular is connected with much higher greenhouse gas emissions than plant products. It’s not just the methane from cow-burps, it’s also all …
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CONTINUE READINGClimate Gag Rules and the First Amendment
Are climate gag rules constitutional? Sometimes yes, sometimes no.
There have been recent reports about state agencies that forbid employees from discussing climate change. Since this is obviously a restriction on speech, it’s natural to wonder what the First Amendment has to say on the subject. The answer depends in large part on the kind of employee speech at issue. Let’s being with a ban …
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CONTINUE READINGLies, Damned Lies, and Climate Denial
One key question is whether these statements amounted to factual accusations that Mann had engaged in scientific misconduct.
A D.C. trial judge recently refused to dismiss climate scientist Michael Mann’s libel lawsuits against the National Review and the Competitiveness Institute. There are some serious constitutional barriers against such libel suits, which are designed to provide ample breathing room for free speech. Is this one of the rare cases that can jump the hurdles?
CONTINUE READINGWhat Does This Logo Mean?
Take a look at the green drop on the bottle of Fiji Water pictured right. (If you are a rational actor, you won’t buy the bottle for $7, but that’s another story). What do you think it means? What if it was accompanied by the website URL “fijigreen.com”? Well, if you are the California Court …
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CONTINUE READINGIowa’s Attack on Animal Rights Groups and the First Amendment
Industrial farmers have a PR problem: large-scale food manufacturing tends to go hand-in-hand with incidents of animal abuse. We can disagree about the pervasiveness of the problem, but it is nevertheless a problem. Iowa’s solution? Criminalize the whistleblowers. From time to time, animal rights activists infiltrate corporate agribusinesses and film various abuses, such as pigs …
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