We made a whole three-part series on that history that you should go listen to, but suffice it to say beginning in the 1970s the fossil fuel industry has argued the importance of protecting corporate speech as fundamental to protecting the free flow of ideas in the “marketplace of ideas.” In a 2003 brief in the Nike v Kasky case, for example, ExxonMobil argued that when a company is addressing an issue of public concern (and it explicitly cites “global climate change” as an example), such speech “merits the
Source: Climate Litigation Update: From Hawaii to Switzerland
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