Why Exxon’s and Other Fossil Fuel Companies’ Funding of the Climate Change Disinformation Campaign Cannot be Excused As an Exercise in Free Speech but Must be Understood as Morally Reprehensible Disinformation.

The tactics of the fossil fuel industry cannot simply be understood as its exercise of free speech. As we have seen in previous entries on the disinformation campaign on this website the disinformation Campaigns tactics have included:

1. Lying or reckless disregard for the truth about mainstream climate change science.
2. Cherry-picking mainstream climate science by focusing on an issue about which there may be some scientific uncertainty while ignoring a vast body of climate science which is well-settled.
3. Manufacturing non peer-reviewed climate change science claims.
4. The creating think tanks, front groups, and Astroturf groups which widely have disseminated untruthful claims about mainstream climate science and which were created to hide the real parties in interest, members of the fossil fuel industry.
5. Publishing and widely disseminating dubious manufactured climate change scientific claims that have not been subjected to peer-review.
6. Widely attacking mainstream climate scientist and journalists who have called for action on climate change.
7 Cyber-bullying mainstream climate scientists and journalists.

A few of these tactics are always ethically troublesome including creating conservative think tanks, front groups, Astroturf groups, and PR campaigns whose very creation was motivated to fool people about who the real parties in interest are behind claims that  attack mainstream climate science.  These organizations have also manufactured bogus climate science claims, cyber-bullied climate scientists and journalists, and widely published claims about climate change science that have not been subject to peer-review.

Corporations who fund these ethically troubling tactics are particularly ethically loathsome because they are using their economic power to deceive the public and intimidate mainstream scientists and journalists in the pursuit of economic self-interest.

Certain facts about climate change make these ethically obnoxious tactics even more reprehensible. They include the fact that climate change is a problem that the longer governments wait to take action to prevent damage, the worse the problem becomes and the more difficult and more expensive it becomes to solve it. The climate change disinformation campaign has been responsible for at least 30 years of inaction and, as a result, enormous and expensive greenhouse gas reductions are now required of the entire world to prevent potentially devastating and catastrophic climate change impacts. These impacts will likely be most harshly experienced by poor countries around the world which have done very little to cause theca climate problem. In addition, those most vulnerable to the harshest climate impacts have never consented to nor been consulted about waiting until all climate science uncertainties are resolved before action is taken.

For these reasons, just as screaming fire in a crowded theater when no fire exists is not construed to be a justifiable exercise of free speech, climate change science disinformation cannot be justified on free speech grounds and must be understood as the morally indefensible behavior of many fossil fuel companies, some corporations and industry organizations, and free market fundamentalist foundations that have funded the climate change disinformation campaign. Just as It is morally reprehensible to call fire in a crowed theater when there is no evidence of a fire because such reckless behavior will likely cause harm to people panicking to run to safety, telling those responsible for GHG emissions that there is no evidence that human activities are causing and threatening climate induced harms will likely cause great damage because inaction guarantees that atmospheric concentrations of GHG will continue to rise and remain in the atmosphere for thousands of years and likely cause great  harm and perhaps make it  impossible to prevent catastrophic damages to human health and ecological systems on which life depends. In fact not only is the the deceit propagated by the fossil fuel companies and others funding the disinformation campaign unjustifiable on free speech grounds it is so harmful that it may create legal liability for those entities who have funded the disinformation campaign.

Climate change disinformation is responsible for almost a 40 year delay in reducing GHG emissions to safe levels and harsh climate change impacts are already visible in many parts of the world caused by rising seas, much more intense storms, droughts, and floods. And so some of the great harm caused by the climate change denial countermovement is already being experienced even though the most catastrophic climate change harms will be experienced in future decades.


Donald A. Brown

Scholar In Residence and Professor

Widener University Commonwealth Law School