California legislature shelves their ugly attempt at killing the first amendment

Yesterday we ran the story: The first amendment is now dead in California: New California bill would allow prosecution of climate-change skeptics

It seems there was some backlash, enough to change directions, as reported this morning on overlawyered.com:

California Senate shelves bill enabling lawsuits against climate “deniers” — for now

By Walter Olson

The California Senate has shelved, at least for now, a bill that would lay the groundwork for a campaign of lawsuits against so-called climate deniers. The California Climate Science Truth and Accountability Act of 2016 (Senate Bill 1161), which had passed two committee hurdles, would retrospectively lift what is now a four-year statute of limitations so as to allow unlimited lawsuits under the state’s notoriously pro-plaintiff Unfair Competition Law, or s. 17200, over advocacy related to climate change. While the deadline has now passed for the bill to be enacted on its own under ordinary legislative procedure, it could still pass this year under “gut-and-amend” procedures or a rules waiver. [Valerie Richardson/Washington Times and earlier, Andrew Stuttaford/National Review, Watts Up with That, thanks for quotes in all; earlier]

Source: http://overlawyered.com/2016/06/california-senate-sidelines-bill-widening-suits-climate-deniers-now/

h/t to Roger Sowell

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Kevin Kilty
June 3, 2016 7:31 am

The power of public disapproval does good.

george e. smith
Reply to  Kevin Kilty
June 3, 2016 10:40 am

So that should give the California voters sufficient time to sweep ALL of those state senators out of office into the retirement homes they all deserve. That is the ones; EVERYONE that voted in Committee to do this, or failed to vote in committee against such un-Constitutional malfeasance.
G

Reply to  george e. smith
June 3, 2016 2:11 pm

George, I looked at the online history of the bill and didn’t see any voting records attached to it. I was thinking along the same lines. Any ideas?

Don
Reply to  Kevin Kilty
June 3, 2016 11:44 am

I think this died because the Alarmist folks realized that it opens them up to liability for their lies in the past. This kind of Marxist thought-police legislation will come back, when they make sure it can only be applied one way.

glen martin
Reply to  Don
June 3, 2016 12:03 pm

Bummer, I was looking forward to the lawsuits against anyone invested in ‘green’ energy and the discovery process to determine whether each and everyone of their statements regarding climate change were true.

Reply to  Don
June 3, 2016 3:34 pm

[SNIP way off topic, inappropriate commentary for this site .mod]

Ilma
Reply to  Don
June 4, 2016 3:31 am

I suspect it died as those trying to enact it were themselves then subjected to searching FOI requests, and didn’t want to reveal any of their dirty laundry. Separately, the RICO protagonists sought PR advice and were advised to drop their attack. So at least their convoluted minds were able to realise that the words they tried to use against others would be used against them.

Reply to  Don
June 5, 2016 8:50 am

Liberals count on time to nullify their lies

patrick bols
Reply to  Don
June 8, 2016 9:40 am

who thought that McCarthyism was dead? This time it is the commies who will revive it.

June 3, 2016 7:31 am

I thought California was the last place on Earth that would approve of “black lists”.

SMC
Reply to  TomB
June 3, 2016 8:20 am

Why in all the world would you think that?

MarkW
Reply to  SMC
June 3, 2016 9:34 am

I’m guessing that it’s because Hollywood is in California.
But what the poster forgets is that leftists have never opposed black lists in general. Only when they are being applied to leftists.

Doonman
Reply to  TomB
June 3, 2016 8:46 am

People who do not live in California must realize that California is a one party state, run by Democrats.
There is no effective opposition to insure legislative check and balance for any issue.
People get the government they deserve. Those who do not care for that system of government are invited to leave, and they are.

MarkW
Reply to  Doonman
June 3, 2016 9:35 am

The mayor of San Jose yesterday justified mob violence against Donald Trump supporters. Saying that they brought the violence on themselves because of what they believe.

Bryan A
Reply to  Doonman
June 3, 2016 10:20 am

Time for them south bayers to pull up their San PantyJose and elect a Mayor that stands for Equal Rights for even those that they disagree with

SMC
Reply to  Doonman
June 3, 2016 10:40 am

Good luck with that. They’re to busy trying to build a socialist utopia.

george e. smith
Reply to  Doonman
June 3, 2016 10:42 am

I hate to have to correct your false impression, but in California, we don’t even have any INEFFECTIVE opposition. But I’m sure you did know that; just slipped your mind.
G

CaligulaJones
Reply to  Doonman
June 3, 2016 11:23 am

I have a friend who posits that North America is tilted, and all the loonies end up on the Left Coast (counts for both Canada and the US).
Can’t prove him wrong.

Reply to  Doonman
June 3, 2016 2:14 pm

It’ not uncommon for Californians to vote for Republican Governors (remember Arnie?) but they always seem to pack the house with democrats. I’ve never understood how that could happen.

MarkW
Reply to  Doonman
June 3, 2016 2:53 pm

Bartleby,
They want their representative to bring home the bacon.
They want the governor to prevent anyone else from getting any bacon.

TA
Reply to  Doonman
June 3, 2016 3:18 pm

Doonman June 3, 2016 at 8:46 am wrote: “People who do not live in California must realize that California is a one party state, run by Democrats.”
The numbers are: About 7 million Democrats and 4 Million Republicans in California.

Bryan A
Reply to  Doonman
June 3, 2016 3:55 pm

And 23 million unregistered illegal aliens

Bryan A
Reply to  Doonman
June 5, 2016 3:20 pm

Bartleby
The reason California has held onto a Democratic Majority in the House is that some years ago the district boundaries were carefully recrafted to create districts whose voter distribution would ensure a greater chance for Democrats to be elected

Joel Snider
Reply to  TomB
June 3, 2016 10:41 am

Well, California was first in the nation in sterilizations during the Eugenics days. It’s not surprising that Green – (which I like to call Eugenics on steroids) – would follow along the same path.
Progressives are always at the forefront of these types of movements – particularly when it comes to ramming their policies down the throats of people who don’t want them. Remember – counter-culture types are not open-minded – they are rigidly close-minded. I had that backwards for a long time. The whole ‘I’m alright, you’re alright’ thing is just an enabling bumper-sticker, and it’s always a precursor to the militant second generation that has turned ideals into dogma.

Reply to  Joel Snider
June 5, 2016 9:12 am

mayoremail@sanjoseca.gov; ‎
Violence against Conservatives
It seems that your words yesterday insinuated that Republicans deserve to have violence against them because they believe different then you? Is that what you meant? Or are Republican ideals just wrong?
I respectfully request clarification in any form you see fit.
Professor Stephen Greene

Crispin in Waterloo
Reply to  TomB
June 3, 2016 1:04 pm

California loves Blacklists. It is just that people want their opponents listed, and that their opponents should not be allowed to make such lists themselves.
What is so odd about California is that it votes so Republican and contains so many avowed Democrats. WUWT?
There was a CBC programme today about there being an underground right wing club in Hollywood that dares not speak its name because of the blacklisting that goes on by the Hollywood Left. I wonder how many actors are actually fed up with the climate nonsense and think conservative thoughts? How would we tell? After all, they are actors!

Reply to  Crispin in Waterloo
June 3, 2016 1:39 pm

Imagine if some notable actor was to stand up and take the opposite position on climate change. That actor would be lucky to be doing dog food commercials afterwards.

JohnKnight
Reply to  Crispin in Waterloo
June 3, 2016 7:14 pm

Crispin,
“I wonder how many actors are actually fed up with the climate nonsense and think conservative thoughts?”
I suspect a great many, since they work in PR intensive field, and can probably detect the hype for what it is, fairly easily.
“How would we tell? After all, they are actors!”
I think the rather limited numbers of actors who keep showing up repeatedly in various forms of hype, rather than large numbers who actively promote the CAGW, is most likely an indication that many are at least skeptical.

John Harmsworth
Reply to  Crispin in Waterloo
June 3, 2016 8:36 pm

That would be a CBC attempt to alert their communist buddies in L. A. that there are enemies under their beds.

AllyKat
Reply to  Crispin in Waterloo
June 3, 2016 10:14 pm

There are a few “known” conservatives, though one tends to hear more about those who are somewhat socially conservative (occasionally economically conservative, which I suspect includes many more who are unwilling to admit their leanings even to themselves). I am not sure I have ever read about anyone challenging the AGW line. Of course, even if they DID say anything, it would probably get buried by frantic PR agencies.

Latitude
June 3, 2016 7:35 am

…this won’t be the end of it
They’ll try something else later again

Joel Snider
Reply to  Latitude
June 3, 2016 10:56 am

Absolutely they will. They probably are already. You don’t talk zealots out of anything. You beat them back.

ScienceABC123
June 3, 2016 7:40 am

It’s not over. The progressives/leftists in California will step back, regroup, and plan for their next attempt. They’ll probably prep by demonizing climate change skeptics (a.k.a. “denialists”) more, encouraging climate change advocates (a.k.a.”warmists”) to violent action, blame the skeptics for the violence of the advocates, and push the narrative that the only way to reduce the violence is by criminalizing the skeptics. I give them about 18-24 months before they try again in the state legislature.

SMC
Reply to  ScienceABC123
June 3, 2016 8:17 am

I doubt it takes that long. I imagine it will probably be brought up again, in some form, later this year.

Joel Snider
Reply to  SMC
June 3, 2016 12:32 pm

Or simply implemented via some perversion of due process – likely an executive order or some such.
Obama has showed his minions the way.

jorgekafkazar
Reply to  ScienceABC123
June 3, 2016 10:02 am

That was Hitler’s favorite tactic. Did you know the Jews were fined a billion Reichsmarks for Crystal Night?

notfubar
Reply to  ScienceABC123
June 3, 2016 1:05 pm

It’s what they’re doing with Trump campaign events – leftist come to protest, create violence, and then the press blames it on Trump or his followers (I’m not one, but I’ll vote for him as a damage-control action).

Joel Snider
Reply to  notfubar
June 3, 2016 1:51 pm

I’ll say this for the Trump supporters: they need to start watching for the sucker punches when dealing with gutter punks, because you can bet it’s coming.

TA
Reply to  notfubar
June 3, 2016 3:24 pm

It is standard operating procedure for Leftists to blame everything on their opponents. And since the Left has the Leftwing News Media propaganda megaphone on their side, their message gets spread far and wide.
I agree with Joel, too, the Trump supporters ought to watch their backs. If you notice, the Leftist cowards only come at you from behind, when you are not looking, and then run away as fast as they can.

June 3, 2016 7:41 am

Sometimes I’m ashamed to be Human. How pathetic.

Goldrider
Reply to  Tom in Texas
June 3, 2016 8:48 am

Counsel who’s actually READ the constitution must have whispered in someone’s ear.

Charlie
Reply to  Tom in Texas
June 3, 2016 10:23 am

Made me laugh. From that website:
They won’t rest until this is an actual prison inmate conversation:
“What are you in for?”
“Armed robbery and grand theft auto. You?”
“Called Bill Nye a disingenuous a**hole.”

Dems B. Dcvrs
Reply to  Charlie
June 3, 2016 10:30 am

Chuckles

george e. smith
Reply to  Charlie
June 3, 2016 10:44 am

He’s also an ingenuous one.
g

george e. smith
Reply to  Charlie
June 3, 2016 10:46 am

Does one of those ‘ u ‘ s supposed to be an ‘ i ‘ ??
g

Reply to  Charlie
June 3, 2016 12:32 pm

Let’s not forget “genuine”.

Aussiebear.
Reply to  Charlie
June 3, 2016 5:34 pm

Or even better…I was framed. The Sun did it!!
Sort of reminds me of Alice’s Restaurant by Arlo Guthrie. Was thrown in jail with Robbers, Murderers and Rapers and was asked the same question. What are you in for? Littering…

John Harmsworth
Reply to  Tom in Texas
June 3, 2016 8:39 pm

New headline! State AG drops effort against free speech!

Tom in Texas
June 3, 2016 7:52 am

Man OH Man signs of insanity, doing over and over the same!!!! But when you make money doing nothing, why not.

Bruce Cobb
June 3, 2016 7:55 am

“We had to destroy democracy in order to save the planet”.

SMC
Reply to  Bruce Cobb
June 3, 2016 5:10 pm

Some people just want to watch the world burn.

June 3, 2016 7:59 am

there is now book bans in Oregon schools which reference opposing opinions that of the State.

Reply to  Scott Frasier
June 3, 2016 8:17 am

Portland’s school board adoption of that position is clear evidence Climate Change believers are a more religion-faith based than science.

Reply to  Joel O’Bryan
June 3, 2016 12:36 pm

Much like those that saw off your head if they don’t like your religion.

MarkW
Reply to  Scott Frasier
June 3, 2016 9:37 am

Leftists believe that children aren’t sophisticated enough to understand that there are differences of opinions on some subjects, so the children have to be protected against any opinion that the politician believes will hurt them.
The problem is that most leftists feel that anyone who doesn’t work for government is a child.

Reply to  MarkW
June 3, 2016 12:04 pm

When children grow up and realise they’ve been force-fed lies by the state they can turn violently against those lies. My wife grew up in the last years of the Soviet Union and is so nauseated by the endless political songs, parades and square-bashing that she finds it hard to talk about it. She has a great singing voice but recoils from any organised singing due to revulsion at the memory of the endless hymns of praise to communism as a child-trophy of the system. Which is sad.
Today’s children in the ecofasc1st republic of oregon and other such places will likely have a similar reaction when they reach adulthood and the state fails to legislate against them thinking for themselves.

Joel Snider
Reply to  MarkW
June 3, 2016 12:34 pm

Of course, they also believe that Kindergarteners need transgender studies. That’s being put on the curriculum in Washington. No confusion being wrought there.

AllyKat
Reply to  MarkW
June 3, 2016 10:52 pm

It is like how Cookie Monster has to eat vegetables now so that kids do not think it is okay to only eat cookies. (Because children are too stupid to realize that Cookie Monster is supposed to be funny not a role model.) Personally, I think it is unethical to force an obligate cookievore to eat a diet for which his system is not adapted.
I work as an election officer when possible, and there is an older woman in our local precinct who is SO excited every single time she comes to vote. She is always decked out in red, white, and blue attire, has a massive rhinestone studded flag pin, and she is READY TO VOTE!!! As a naturalized citizen from some socialist/communist country (Cuba, I think), she really appreciates her freedoms.
People who support “one view” ideology either grew up as elites in a one view country or grew up in a free thinking country. I have yet to meet a regular person from an oppressive country who supports limits on thought and speech.

Reply to  Scott Frasier
June 3, 2016 12:35 pm

Are these the same folks who were in charge of ulcer research recommending milk for the cure?

Curious George
June 3, 2016 8:08 am

Able authors of an aptly named bill “California Climate Science Truth and Accountability Act of 2016” are Senators Allen, Jackson, and Leno.
The Ministry of Love is coming. Don’t be fooled by a temporary setback.

tadchem
June 3, 2016 8:21 am

I’m guessing they heard from the Attorneys General who had their climate inquisition quashed.

June 3, 2016 8:21 am

The same bill would have paved the way to sue the IPCC for misleading the world about the risks of climate change. I was kind of hoping this would pass and then I would dare them to sue me.

June 3, 2016 8:23 am

As a CA resident, I am ashamed. But I am not in the slightest bit scared. The First Amendment trumps any silly laws passed by the State Legislature. So even if they do try again (a sure thing) and they succeed (a real possibility in this crazy state) the law will be rendered moot if not struck down by the Feds and US Supreme Court Justices.

MarkW
Reply to  Mike Smith
June 3, 2016 9:38 am

I remember saying the same thing McCain/Feingold and ObamaCare.

Gabro
Reply to  Mike Smith
June 3, 2016 9:45 am

I went to high school with a presently sitting 9th Circuit Court judge. I suspect that she would find nothing wrong with this abominable legislation.

hanelyp
Reply to  Mike Smith
June 3, 2016 10:09 am

The Constitution is nothing but a scrap of parchment if not upheld by good men.

Dems B. Dcvrs
Reply to  hanelyp
June 3, 2016 10:33 am

The Tree of Liberty may soon have to be watered.

george e. smith
Reply to  Mike Smith
June 3, 2016 10:49 am

Gotta get by the ninth circuit on the way to Supremacy. It’s like idiots all the way down !!
G

AllyKat
Reply to  george e. smith
June 3, 2016 11:01 pm

That court is so screwy that a fair number of suits are not appealed because the lawyers know that even if they are in the right (no pun intended), the court is a) likely to disagree with them because of ideology or b) so insane that their probable ruling cannot be determined. In some cases there is a risk that an appeal could result in making the problem worse, since a lower court ruling may only affect a state, but the circuit court ruling will apply to the whole circuit.
Appealing to the Ninth Circuit Court is an expensive gamble.

Paul
Reply to  Mike Smith
June 3, 2016 11:43 am

“The First Amendment trumps any silly laws passed by the State Legislature.”
Yep, but you’ll go broke defending yourself in the process.

Tom Halla
June 3, 2016 8:24 am

“Killing” a bill like this tends to get like a horror movie plot–until the creators are gone, the monster keeps coming back to life.

jmrSudbury
June 3, 2016 8:25 am

Bring this in, so the ‘experts’ that are hiding the decline, cherry picking dates from the cold 1970s, and such can be brought to justice. I don’t actually condone this, but it would be an unintended consequence of their law. — John M Reynolds

Bryan A
Reply to  jmrSudbury
June 3, 2016 10:25 am

Not sure if it is “Cherry Picking” from the cooler 70’s as much as it is the Start of the much more believable Satellite Record which shouldn’t rely on Proxy data to create a more global temperature record. But the fact that the 70’s was when the satellite records begin is darn convenient

Brad
June 3, 2016 8:31 am

This is how the left work. It floats a trial balloon of their radical agenda then retract it. Next time, it doesn’t seem so radical as it is now old news. There is less opposition. They continue to do that until all decent as been worn down and eroded. Then they get their way. Meanwhile the climate inquisition continues.

Dems B. Dcvrs
Reply to  Brad
June 3, 2016 10:29 am

Well put Brad. Thumbs Up!

AllyKat
Reply to  Brad
June 3, 2016 11:33 pm

I recently read an essay that pointed out that when the first “test tube” baby was born, many people and groups expressed concern that the new technology could lead to more children being born to single mothers, gay couples, and a “designer baby” market. Proponents pooh-poohed such ideas and said those things would never happen. Only married couples with fertility problems would use AI technologies, and they would not care what the baby was like, just that they could have one. Fast forward a few decades…
Not trying to start a debate about any particular issue, but it is relevant to many political and scientific proposals. How often are we assured by the sponsors and supporters that “X” will only be used in “Y” capacity, that it will never lead to “Z”, and that “X” is a very limited idea/tool/whatever? Allowing women in the US military to work in active combat positions will not have any far reaching implications, right? Except that there is no longer any reason to exempt women from the draft. Oh sure, no one thinks it will ever be brought back, but all it will take is a REALLY big war, and suddenly a lot of young women will be on the hook. Same-sex marriage will only open up marriage to people who are gay, there is no way that polygamy will be legalized. Well, there have already been a few cases brought to courts seeking to legitimize polygamy.
Whether or not you agree with any/all/none of the above ideas, it cannot be denied that Pandora’s box is an apt metaphor. Once you open the door, you have little control over who/what comes inside the house or what they do. Watch out for moving goalposts.
***Obligatory disclaimer: I am not advocating for or against any of the above ideas or views. I am simply pointing out that there have been legal, political, and social issues that have been sold as “small and simple” and wound up ballooning. In particular, I am pointing out that concerns raised by opponents (or deeper thinkers) often do come to pass, despite assurances from proponents. Depending on your point of view, this may not be problematic. It does raise questions about whether proponents can be trusted to see “the long view” or to admit it if they do.

RH
June 3, 2016 8:32 am

“Climate Science Truth and Accountability Act”. Why specify “Climate Science Truth”. Why not just call it the Truth and Accountability Act, so anyone opposing the governments “truth” can be prosecuted.

MarkW
Reply to  RH
June 3, 2016 9:39 am

I have no doubt that will be the next step.

H.R.
Reply to  RH
June 3, 2016 11:03 am

RH:
You just may have hit on why the bill didn’t go anywhere. It wasn’t broad enough.

Mark from the Midwest
June 3, 2016 8:59 am

This only delays California’s trek to the status of “Third World Country.” I’m sure they will find other means to insure that U6 goes to 30% and that there is negative new business investment in the state.

June 3, 2016 9:34 am

Imprisonment for dissenting ideas? May a Renaissance await us once we pass through this Dark Age.

george e. smith
Reply to  David F Thomas
June 3, 2016 10:52 am

I hope not.
Remember the ‘renaissance’ was followed by the ‘baroque’ era that gave us all that elevator music trash that ends in a vowel !
G

H.R.
Reply to  george e. smith
June 3, 2016 11:50 am

I dunno, George. I’m quite the fan of Bach. He’s a not-too-distant relative as I understood from my grandfather’s cousin, Lillian. She founded a Bach Society in a town of around 10,000 somewhere around 1910-1920. She had a very nice pipe organ in the house the better to play his organ works. Had a16-footer pipe – nice!
Bach’s organ works sound better when you’re 3 feet from the organ than they do in an elevator, I’ll grant you that.

Christopher Hanley
Reply to  george e. smith
June 3, 2016 2:48 pm

I’m with you there George, Papa Haydn rescued Western music from sterile stagnation.

Akatsukami
Reply to  george e. smith
June 3, 2016 5:12 pm

Madonna was Baroque?

John Harmsworth
Reply to  george e. smith
June 3, 2016 8:47 pm

That’s a common excuse for becoming a whore

H.R.
Reply to  george e. smith
June 4, 2016 5:25 am

Wait up! Upon further thought, do you realize how hard it is to put a pipe organ in an elevator, George? That’s why they use taped music.

Gary
June 3, 2016 9:37 am

Same kind of bill was submitted in the RI Legislature at Sen. Whitehouse’s indirect instigation. Not going anywhere, but indicative of the totalitarian impulse everywhere.

Amber
June 3, 2016 9:47 am

The egregious attack on peoples right to think and say what they wish fits a pattern of devolution
of basic principles . California is full of wonderful brilliant people ,thankfully they saw what was at stake and sent the mind control freaks packing .
The “science is settled” crap was the start . Of course climate changes ,it continues to warm ,
and humans must have some effect . However the climate is not going to be controlled by humans and what ever course the overwhelming influence of natural variables takes we are just along for the ride . The earth doesn’t have a fever and overall warming is beneficial to living things on earth . Plants ,trees ,sea creatures do better than a cooling world . We will get a return to that some day whether we like it or not . Humans will adapt the other species will have a much harder time .
We should celebrate the warning direction while it lasts .

June 3, 2016 10:16 am

He may not be liked but this must send shivers down their backs-
http://www.cnbc.com/2016/06/01/i-was-wrong-trump-will-be-the-next-president-commentary.html

Resourceguy
June 3, 2016 10:42 am

So the official stamp of approval for climate cultural revolution is on hold for now. Thanks for nothing. We will not stay quiet like the Chinese.

TA
Reply to  Resourceguy
June 3, 2016 3:43 pm

Resourceguy wrote: “We will not stay quiet like the Chinese.”
That’s right, we won’t. The Leftists Brownshirts are going to have one heck of a fight on their hands if they try to take away our First Amendment rights. They are not going to be successful.

notfubar
June 3, 2016 11:09 am

Think there’s any chance an early draft or the bill’s author will show up in the RICO20 GMU emails?

Resourceguy
June 3, 2016 11:29 am

We are going to need sanctuary cities for the last followers of science process and fact checking of climate science.