In a Major Free-Speech Case, a Billionaire Funded the Judges Who Could Decide in His Favor

Billionaire Kelcy Warren has sued Beto O’Rourke for defamation over old campaign ads. Judges who could be presiding over the case have previously taken election funds from Warren, making a ruling for Warren — and against free speech — more likely.

Key Speakers At The 2018 CERAWeek Conference

Kelcy Warren, chairman and chief executive officer of Energy Transfer Partners LP, speaks during the 2018 CERAWeek by IHS Markit conference in Houston, Texas, on March 7, 2018. (F. Carter Smith / Bloomberg via Getty Images)


A lawsuit that could punish speech against wealthy political donors may ultimately land before judges who have accepted campaign donations from the billionaire bringing the case, a Lever review has found. The plaintiff’s fossil fuel company has also delivered money to political groups who boosted those judges’ election bids.

Kelcy Warren, who controls the company behind the controversial Dakota Access Pipeline and has a net worth of $5.3 billion, is suing former congressman Beto O’Rourke over campaign comments made about him in a case that could set a new legal precedent for financially punishing political candidates who criticize billionaires’ political spending.

On January 20, we reported on Warren’s lawsuit, which alleges that he was defamed when O’Rourke impugned his $1 million donation to Republican Texas governor Greg Abbott, which was made weeks after the governor signed legislation allowing natural gas companies like Warren’s to opt out of weatherization regulations.

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