Exxon Mobil Corp. v. Commonwealth

Exxon Mobil Corporation filed a brief in its appeal of a Massachusetts state trial court’s denial of Exxon’s special motion to dismiss the Commonwealth of Massachusetts’ action alleging that Exxon systematically and intentionally misled investors and consumers about climate change. Exxon filed the special motion to dismiss under the Massachusetts anti-SLAPP (Strategic Litigation Against Public Participation) statute. In its appeal, Exxon argued that by denying its motion despite recognizing that some statements challenged by the Commonwealth constituted petitioning activity, the court’s decision “jeopardizes foundational First-Amendment protections.” Exxon argued that its statements were “made to influence policymakers and the public on energy policy” and therefore fell within the definition of petitioning. In addition, Exxon argued that the trial court improperly focused on Exxon’s “motive for speaking rather than on the basis of the Commonwealth’s claims.” Exxon also contended that the trial court erred by holding that the anti-SLAPP law protects only statements, and not omissions—Exxon asserted the “omissions” in this case related to Exxon’s “refusal to adopt the Commonwealth’s preferred viewpoints on climate change” and that the Commonwealth could not use this case to compel Exxon “to publicly advocate for the Commonwealth’s views on the exigency of climate change or the merits of energy policy [Exxon] does not support.” Exxon further argued that the trial court should have at least dismissed the Commonwealth’s claims to the extent the claims related to statements the court recognized as petitioning activity.