WASHINGTON, D.C. (March 25, 2025) — In an op-ed published in The Guardian, Greenpeace Inc. and Greenpeace Fund Interim Executive Director Sushma Raman alongside ACLU executive director Anthony Romero discuss how the recent $660m judgment against Greenpeace USA poses a serious threat to free speech and protest rights.
Excerpts from the piece follows:
The verdict that threatens free speech
The First Amendment guarantees freedom of speech and freedom of assembly. It will have little meaning if multi-billion dollar corporations can sue peaceful protestors out of existence for their speech. Yet, that’s exactly what was decided in a small courtroom in Morton County, North Dakota.
Energy Transfer – a Dallas-based fossil fuel company that is responsible for the Dakota Access Pipeline (DAPL) – sued two Greenpeace entities in the U.S. (Greenpeace Inc. and Greenpeace Fund), and Greenpeace International. Energy Transfer was awarded more than US$660 million in a highly watched, month-long case. Greenpeace will appeal the verdict.
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The ruling in the Energy Transfer case could have wide ranging consequences on First Amendment rights in the U.S. By attempting to hold Greenpeace liable for everything that happened at Standing Rock, the case attempts to establish the idea that, for any participation in a protest, you can be held liable for the actions of other people, even if you’re not associated with them or if they’re never identified. It’s easy to see how this win for Energy Transfer could chill speech and silence future protests before they even begin.
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Perhaps equally worrisome, this case is an attack on the type of ordinary advocacy that organizations like Greenpeace and the ACLU – alongside many others – rely on to do their work. Everyday actions like attending a protest, signing a letter of support, or supporting communities at risk should never be considered “unlawful.” Otherwise, the future of everyone’s First Amendment rights could be at risk.
If corporations can weaponize the court system to attack protesters and advocates for their speech, then any political speech or cause could become a target. And in an environment where the Trump administration is regularly leading dangerous attacks against our basic rights and liberties, including against the press and activists, this threat is all the more serious.
The right to protest and speak out must be embraced as a core pillar in a functioning democracy – even when that speech threatens the rich and powerful, and even when it’s speech we don’t agree with.
Read the full op-ed here.
Sushma Raman is the Interim Executive Director of Greenpeace USA.
Anthony Romero is the Executive Director of the American Civil Liberties Union.
Contact: Madison Carter, Greenpeace USA Senior Communications Specialist, [email protected]
Greenpeace USA is part of a global network of independent campaigning organizations that use peaceful protest and creative communication to expose global environmental problems and promote solutions that are essential to a green and peaceful future. Greenpeace USA is committed to transforming the country’s unjust social, environmental, and economic systems from the ground up to address the climate crisis, advance racial justice, and build an economy that puts people first. Learn more at www.greenpeace.org/usa.
