The Fossil Fuel Industry Is Weaponizing the First Amendment to Silence Its Critics
As evidence mounts of Big Oil’s history of climate denialism, the industry’s choice law firm, Gibson, Dunn & Crutcher, is using the “free speech” defense to suppress criticism and safeguard oil companies’ ability to deceive the public.

Participants seen holding a banner at a climate protest in New York City, on September 9, 2023. (Erik McGregor / LightRocket via Getty Images)
For years, the fossil fuel industry has maintained that the First Amendment protects its right to mislead the public about the climate crisis, but that criticism and protest of its operations violates the law. Now, one of the industry’s preferred law firms — which has long been recognized for its defense of the First Amendment — is arguing both sides of this issue in court.
Gibson, Dunn & Crutcher represents oil giant Chevron in lawsuits brought by dozens of state and local governments to hold the company accountable for deceiving consumers and the public about its products’ central role in climate change. (You may also recognize Gibson Dunn as the firm that accused US attorney Steven Donziger and his Ecuadorian plaintiffs of racketeering after they defeated Chevron in Ecuador’s courts.)
As the evidence of Big Oil’s long-standing campaigns of climate denial piles up, and the cases inch closer to trial, the firm is deploying a defense that seeks to protect its clients’ ability to mislead the public.