Should private organizations be held criminally responsible for promoting or representing non-consensus views on science?
UPDATE: A commenter writes in with a much better posed question, illustrating why s/he is a lawyer and I am not. Here is that question:
a more appropriate question is “Did the defendants, having in their possession compelling evidence which would have convinced a reasonable person to believe that X was in fact the case, conspire to suppress such evidence and undertake to persuade others that X was not correct, when the defendants knew or should have known that such information was false and misleading, thereby leading others to act on such misleading information, causing harm and damage to the plaintiff?”
According to a complaint for damages filed against a number of energy companies on behalf of the town of Kivalina in Alaska, the answer is “Yes.” The complaint (here in PDF) includes these claims:
Kivalina further asserts claims for civil conspiracy and concert of action for certain defendants’ participation in conspiratorial and other actions intended to further the defendants’ abilities to contribute to global warming. . .
Each of the defendants knew or should have known of the impacts of their emissions on global warming and on particularly vulnerable communities such as coastal Alaskan villages. Despite this knowledge, defendants continued their substantial contributions to global warming. Additionally, some of the defendants, as described below, conspired to create a false scientific debate about global warming in order to deceive the public. . .
Kivalina seeks monetary damages for defendants’ past and ongoing contributions to global warming, a public nuisance, and damages caused by certain defendants’ acts in furthering a conspiracy to suppress the awareness of the link between these emissions and global warming. . .
The Conspiracy Defendants’ overt acts contributed to and caused Plaintiffs’ injuries. The Conspiracy Defendants’ campaign to deceive the public about the science of global warming has caused Plaintiffs’ injuries and/or is a substantial contributing factor.
Some documents from this case were discussed in a front page story in the New York Times today by Andy Revkin, who helpfully makes those documents available here.
Revkin writes:
Environmentalists have long maintained that industry knew early on that the scientific evidence supported a human influence on rising temperatures, but that the evidence was ignored for the sake of companies’ fight against curbs on greenhouse gas emissions. Some environmentalists have compared the tactic to that once used by tobacco companies, which for decades insisted that the science linking cigarette smoking to lung cancer was uncertain. By questioning the science on global warming, these environmentalists say, groups like the Global Climate Coalition were able to sow enough doubt to blunt public concern about a consequential issue and delay government action.
The NYT article repeats claims made in support of allegations found in the Kivalina lawsuit of a civil conspiracy to advance views at odds with the scientific consensus. These arguments begin on p. 47 of the court filing here in PDF. The section of the complaint highlighted in today’s New York Times is discussed on page 50.
On this thread I am not interested in a general debate over climate change science (please). I am interested in the more specific questions related to science in political and public debates.
Should private organizations (in this case energy companies or groups that receive energy company money) be allowed by law to present scientific findings in a manner that differs from a scientific consensus?
Should representations of science that differ from that consensus be [Update] subject to civil or even criminal prosecution (the case above is a civil action but others have suggestion criminal trials)? For private organizations that benefit from the representations? For those that do not? How about for individuals?