Recently, Senator Sheldon Whitehouse (D-R.I.) sent a letter to the Department of Justice urging it to commence criminal prosecutions of those companies and individuals who have expressed skepticism regarding man-made climate change. Loretta Lynch, the Attorney General, in her testimony before a Senate committee indicated that she has referred the issue to the FBI to determine whether a criminal case should be brought. Does the First Amendment apply in this case? If so, how? If not, why not? Is it appropriate to criminalize speech with which you do not agree?
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