...
With respect to the application of the First Amendment, in a decision equally applicable to those falsely denying the reality and serious threat of man-made AGW, the court found that the First Amendment does not protect fraudulent statements, stating that “Defendants knew of their falsity at the time and made the statements with the intent to deceive. Thus, we are not dealing with accidental falsehoods, or sincere attempts to persuade.”
The fraudulent intent of many of those funding the spread of climate change denialism is apparent from their concealment of their identity through the use of "dark money" vehicles, as discussed by Drexel University environmental sociologist Robert J. Brulle in his peer reviewed paper:
"Institutionalizing delay: foundation funding and the creation of U.S. climate change counter-movement organizations".
See:
http://drexel.edu/now/archive/2013/December/Climate-Change/#sthash.LfGAhbMW.dpuf
Is there any reason that those knowingly propagating falsehoods about climate change should not be held legally liable?