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State Attorney General Climate Change Investigations are Unconstitutional
American Spectator ^ | January 27, 2016 | Hans Bader

Posted on 01/28/2016 6:11:36 AM PST by reaganaut1

Should government officials be able to cut off donations to groups because they employ people disparaged as "climate change deniers," even if the group in question is a think tank that studies a wide range of topics, only a few of which relate to climate change at all, and the "denial" in question includes telling politically inconvenient truths about the cost of proposed climate change legislation? Only a single-issue zealot with ideological blinders and a contempt for the First Amendment would think so.

But that hasn't stopped New York Attorney General Eric Schneiderman and California Attorney General Kamala Harris investigating Exxon, partly for making donations to think tanks like the American Enterprise Institute and groups like the American Legislative Exchange Council because these large organizations include a few people deemed "climate change deniers," even though climate change has no relation to most of their activities. (I have been to many speeches and luncheons at AEI, and not a single one related to climate change or even energy or environmental policy.)

The First Amendment has long been interpreted as protecting corporate lobbying and donations, even to groups that allegedly deceive the public about important issues. For example, in In re School Asbestos Litigation, 46 F.3d 1284 (3d Cir. 1994), a federal appeals court ruled that the maker of an asbestos product could not be held liable for joining and financially supporting a trade association for makers of asbestos products, even though the trade association allegedly "disseminated misleading information about the danger of asbestos in schools directly to" the plaintiffs, where "at least some" of the trade association's "activities were constitutionally protected."

(Excerpt) Read more at spectator.org ...


TOPICS: Crime/Corruption; Editorial; Government; US: California; US: New York
KEYWORDS: aei; climatechange; epa; ericschneiderman; exxon; globalwarminghoax; kamalaharris; nyag; popefrancis; romancatholicism; schneiderman; waronexxon

1 posted on 01/28/2016 6:11:36 AM PST by reaganaut1
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To: reaganaut1

boy, i hope the Donald is as conservative as he says h is, because he’s going to be defending the first and second amendments alot.

as well as states’ rights to decide on abortion laws.

gonna be busy.


2 posted on 01/28/2016 6:14:20 AM PST by dp0622
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To: dp0622
Yet another campaign based on "hope."

So very sad!

3 posted on 01/28/2016 6:25:43 AM PST by zerosix (Native Sunflower)
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To: dp0622

Trump isn’t conservative and never has been.


4 posted on 01/28/2016 6:26:47 AM PST by Ajnin (Wolves don't lose sleep over the opinion of sheep.)
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To: reaganaut1

It looks like Exxon has standing for a counter claim.


5 posted on 01/28/2016 6:30:57 AM PST by Excellence (Marine mom since April 11, 2014)
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To: zerosix

i’m voting for cruz in the generals most likely after some going back and forth. i’ve recovered from his NY comment :)

but what am i going to do come election day if Trump gets the nod?

at LEAST there’s hope with the Donald, if not being a true conservative, to at least make the country strong financially and militarily again.

there’s NO hope with the other side. and possibly the end of the the republic.

just, again using that word, “hope” that he picks conservative SC judges as some are getting quite up there in age.


6 posted on 01/28/2016 6:32:38 AM PST by dp0622
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To: AdmSmith; AnonymousConservative; Arthur Wildfire! March; Berosus; bigheadfred; Bockscar; ...
Well, well.

7 posted on 01/28/2016 6:43:26 AM PST by SunkenCiv (Here's to the day the forensics people scrape what's left of Putin off the ceiling of his limo.)
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To: Ajnin

I’d caution you to be a grown up in making claims.
To say ‘never’ is quite the statement and it can be easily refuted.


8 posted on 01/28/2016 7:01:42 AM PST by AllAmericanGirl44
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To: reaganaut1

And ye shall know the truth, and the truth shall make you free. John 8:32

Truth is like poison to the left.


9 posted on 01/28/2016 7:04:03 AM PST by generally
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To: reaganaut1

Remember, the earth was once flat.


10 posted on 01/28/2016 7:09:41 AM PST by Phlap (REDNECK@LIBARTS.EDU)
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To: reaganaut1

If can do this, they can intervene in any case where they don’t like the organization’s message. Next up, where the state AG doesn’t like what your church teaches.

I would say welcome to the Land of the Used to be Free, but then again, Lincoln threw newspaper editors in jail for their opposition to the war he was waging against the southern states that had seceded. And then President Adams signed the Alien and Sedition Acts and people were arrested for violation of that law as well. We haven’t crossed those lines again recently.


11 posted on 01/28/2016 7:15:12 AM PST by theBuckwheat
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To: dp0622
Trump did everything he could during his construction career to skirt the laws and screw other people. All he has ever cared about were his own ambitions. Why would you expect him to defend a principle?
12 posted on 01/28/2016 8:31:13 AM PST by Carry_Okie (The tree of liberty needs a rope.)
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To: AllAmericanGirl44

Hmm. I noticed in your post you didn’t cite any evidence that Trump is or has ever been a conservative. You may want to heed your own advice.


13 posted on 01/28/2016 9:45:57 AM PST by Ajnin (Wolves don't lose sleep over the opinion of sheep.)
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To: reaganaut1

A heavy boot’s twisting into place grinding an innocent face for eternity...


14 posted on 01/28/2016 10:10:52 AM PST by GOPJ (Malkin:FoxNews debate questioner Candy was illegal immigrant.I'm sure her q will be fair./s)
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To: reaganaut1; 11B40; A Balrog of Morgoth; A message; ACelt; Aeronaut; AFPhys; AlexW; alrea; ...
DOOMAGE!

Global Warming PING!

You have been pinged because of your interest in environmentalism, alarmist wackos, mainstream media doomsday hype, and other issues pertaining to global warming.

Freep-mail me to get on or off: Add me / Remove me

Please ping me to all note-worthy threads on global warming.

Global Warming on Free Republic here, here and here

Latest from Global Warming News Site

Latest from Greenie Watch

Latest from Real Climate

Latest from Climate Depot

Latest from Junk Science

Latest from Terra Daily

15 posted on 01/28/2016 3:08:42 PM PST by Tolerance Sucks Rocks (Terrorism, the thing that shall not be named by the MSM)
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