Conspiracy, politics and Exxon’s legal strategy

WASHINGTON — Imagine this storyline: One of the largest oil companies in the world becomes the victim of a leftwing conspiracy, funded by wealthy liberals who convince Democratic attorneys general across the nation to sue the company to stop it from offering different views about climate change.

What sounds like the stuff of a bad Hollywood thriller is, in fact, the narrative Exxon Mobil’s attorneys are telling as they seek to defend the compa- ny from mryiad lawsuits and investigations into what oil companies knew about climate change and when they knew it. With a surprising procedural victory in a Texas court recently, Exxon is attempting to gain greater latitude in what it and other oil companies can say — or not say — about climate change and the impact on their businesses, seeking to build on legal rulings that have expanded corporations’ rights of free speech in recent years, legal scholars say.

The U.S. government has long limited First Amendment protections for corporations, prohibiting them from making false statements to further business interests — a staple of U.S. consumer protection laws going back to the days of snake-oil salesmen peddling so-called magic elixirs. But Exxon’s case could test how far the courts are willing to go to uphold governments’ ability to regulate commercial speech.

Exxon is arguing that the state and local governments suing the company have gone too far, trying to impose an Orwellian code of conduct to drown out those who call attention to uncertainties about how

File photo / Houston Chronicle Exxon Mobil claims its constitutional rights are being violated by state and local governments suing over climate change.