New Appellate Brief Argues Massachusetts AG Lawsuit Infringes Upon Free Speech

Last week, the Massachusetts Supreme Judicial Court was told that Attorney General Maura Healey’s lawsuit against a major energy company should be thrown out for undermining free speech rights.

In a brief, ExxonMobil asked the highest appellate court in the Commonwealth to review two questions that could implicate the future of the lawsuit. As one of the world’s largest energy companies, the company plays an active role in the public conversation on energy policy. For that reason, statements used by the attorney general as the basis of its lawsuit “were made to influence policymakers and the public on energy policy, and therefore fall within the broad statutory definition of ‘petitioning.” The company continued:

“By premising its claims on ExxonMobil’s advocacy and alleged omissions regarding climate change, the Commonwealth seeks to curtail ExxonMobil’s exercise of its right of petition on this issue.”

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