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Does the First Amendment Protect Fossil Fuel Companies’ Public Speech?

Numerous cities, states, and counties have sued fossil fuel companies, with claims based on evidence found in the companies’ own internal documents and statements. These companies have argued their public statements are protected by the First Amendment’s freedom of speech and right to petition clauses. This Article describes the current litigation, discusses the companies’ statements disseminated through various sources, and summarizes U.S. Supreme Court precedent and caselaw on commercial speech.

Animal Legal Defense Fund v. National Foundation for Rescued Animals

A district court granted in part and denied in part an animal sanctuary's motion to dismiss an ESA citizen suit brought by an animal rights group. The group alleged the sanctuary violated the ESA by taking endangered or threatened species, unlawfully possessing ESA-protected animals, and unlawfully ...