ExxonMobil Lambasts Massachusetts, New York Attorneys General for “Unconstitutional Conduct”

Recent developments in the New York Attorney General’s (NYAG) lawsuit against ExxonMobil provide “further evidence of the coordinated, ongoing assault on ExxonMobil’s First Amendment rights,” by the NYAG and Massachusetts Attorney General (MAAG) Maura Healey, a letter filed by the company last Friday states.

Filed in the company’s case against MAAG Maura Healey and NYAG Leticia James in the U.S. Second Circuit Court of Appeals, the letter cites examples that “demonstrate the ongoing nature of NYAG and MAAG’s unconstitutional conduct” against the company.

Recall that this case – ExxonMobil Corp. v Healey – was filed as a countersuit against the NYAG and MAAG over the baseless fraud investigations they launched in 2015 and 2016, respectively, on the basis that their investigations infringed on the company’s First Amendment right to free speech. Essentially, the company is arguing that the AGs’ investigations stem from their disagreeing with ExxonMobil’s public statements and past perspective, i.e. its opinion, on climate change. The case is currently before the U.S. Second Circuit Court of Appeals, awaiting oral arguments to be scheduled.

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