National Review Online
Tuesday, July 12, 2016
Senator Sheldon Whitehouse (D., John Kerry’s yacht) is
leading a marathon of denunciations in the Senate targeting a bunch of groups
and institutions that don’t really have anything to do with one another:
tobacco companies, chemical producers, think tanks, charitable trusts, oil
companies, and, of course, Charles and David Koch. Nine-tenths of that is
window-dressing. The targets are the oil companies and their money, and the
Koch brothers and their activism.
Senator Whitehouse and the others are lambasting certain
oil companies, especially Exxon, and the various activist groups associated
(however distantly) with the Koch brothers for having “funded think tanks,” for
having “paid public-relations firms,” and having “developed and executed a
massive campaign” to spread their own views about global warming and policy
questions related to energy and climate change. And they are demanding that
their targets “cooperate with active or future investigations” into their
spread of “climate denial.” In other words, Senate Democrats are once again
using the Capitol as a political forum in which to denounce and threaten
private citizens and organizations who dare to speak in the public square.
The relevant context here is that a group of Democratic
attorneys general, supported by a network of other Democratic elected
officials, donors, and activists, is attempting to criminalize the political
activism that Senator Whitehouse is here denouncing. Exxon is the target of an
open-ended investigation by the Democratic attorney general of New York, while
think tanks and activist groups have been subpoenaed and investigated by the
Democratic attorneys general of the U.S. Virgin Islands and California.
Not long ago, it was, “Dissent is the highest form of
patriotism!” Now, it’s, “How dare you engage in politics without our
permission!”
This is a straightforward First Amendment issue: There
are activists who think that the scientific consensus on climate change is
wrong, misguided, or exaggerated, and those who believe that the climate-change
policies favored by Democrats such as Senator Whitehouse are poor choices
irrespective of how one evaluates the scientific data. These critics may be
wrong, and they may even be failing to give the academic research its due —
and, so what? If they are wrong, it isn’t a crime to be wrong. A political
disagreement is not a tort.
The Democrats are, as we keep pointing out, engaged in a
nakedly authoritarian assault on free speech, political debate, and dissent. Senator
Harry Reid not long ago led his Senate allies in a unanimous vote to repeal the
First Amendment so that elected officials in Washington can set the terms under
which private citizens are allowed to criticize them. It is worth keeping in
mind that the Citizens United
decision was a question of whether a group of private citizens could be
punished for showing a film critical of Hillary Rodham Clinton (then, as now, a
presidential candidate) without government permission. The Supreme Court says
that the First Amendment protects precisely that kind of free speech; Democrats
in the Senate say to Hell with the First Amendment.
The Democrats here are using a two-front approach:
Whitehouse and his colleagues keep up the public pressure in the Senate (with
the implicit threat that Democrats may soon control it once again) while their
colleagues in the states (and possibly in the Justice Department, which is
considering an investigation of its own) threaten their political opponents
with endless, ruinously expensive investigation, fines, and possibly even
criminal charges. This is not limited to climate change, either: Democrats in
Texas successfully saw Rick Perry indicted for vetoing a bill, i.e., for
performing his ordinary gubernatorial functions.
There is plenty of room for disagreement on energy
policy, climate change, carbon taxes, renewable fuels, and the like. There
isn’t any room for disagreement about whether disagreement should be
criminalized. If Exxon can be hauled into court for having unpopular opinions
about climate change, and if the governor of Texas can be indicted as a felon
for an unpopular political action, where do you imagine that leaves an ordinary
citizen? This is a deplorable campaign against the very basis of democratic
discourse, and Americans should not fail to be clear-eyed and clear-headed
about exactly what is going on — and where it will lead.
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