How climate litigation could silence us all

As the Supreme Court prepares to hear Suncor v. Boulder, a once-local climate lawsuit is packed with threats to the First Amendment lurking just below the waterline. At stake is not simply whether federal law preempts state tort claims arising from climate change, but whether state and local governments may use those claims to punish disfavored speakers for what they said about fossil fuels, climate policy, and their own place in the national economy.

How climate litigation could silence us all

TL;DR

  • The Supreme Court will hear *Suncor v. Boulder*, a climate lawsuit with potential First Amendment implications.
  • The case questions whether governments can use state tort claims to punish speakers for their views on fossil fuels and climate policy.
  • Boulder and other Colorado localities are suing energy companies, alleging they caused climate change and misled the public.
  • The lawsuit seeks large damages and targets particular speakers, subjects, and viewpoints in a public controversy.
  • Critics argue this could lead to the regulation of speech and limit open debate on important issues.