Mr. Smith’s demand also interferes with continuing law enforcement proceedings by New York and Massachusetts state attorneys general who — acting under their own state laws — have commenced investigations into Exxon Mobil’s potentially fraudulent actions. (Mr. Smith has sent similar subpoenas to the other environmental organizations and funders as well as the offices of the attorneys general of New York and Massachusetts.)

Image Lamar Smith walking past reporters after a House Republican Conference meeting in 2014. Credit... Bill Clark/CQ Roll Call/Associated Press

The controversy began last summer, when our organization published a report documenting deception about climate science by Exxon Mobil, other leading fossil fuel companies and industry trade groups. Since that time, two teams of investigative reporters have uncovered further corroborating evidence that for decades, Exxon Mobil’s own scientists warned the company of the dangers of carbon emissions at the same time the company was aggressively promoting a very different message in public and to its investors about climate science. As a result of these revelations, the state attorneys general in New York and Massachusetts commenced their investigations into Exxon Mobil.

Mr. Smith, joined by members of Congress, claims that our organization, the other groups and the state attorneys general have engaged in a conspiracy to deprive Exxon Mobil of its First Amendment right to debate the science of climate change and to chill the work of scientists. This is simply nonsense. Exxon Mobil’s scientists are not being targeted for investigation, and no one is intimidating them to keep them from performing their work. Instead, the investigations center on whether Exxon Mobil misled the public and its own investors when it publicly disparaged, played down or even dismissed outright the growing evidence (from its own scientists and others) that burning fossil fuels causes irrevocable harm to the planet.

Disseminating false information to help sell a product finds no protection in the First Amendment. Imagine if it did: Tobacco companies could get away with saying cigarettes are safe; car companies could deny manufacturing defects that endanger drivers; and pharmaceutical companies could mislead consumers about the efficacy of drugs — all by cloaking themselves in the First Amendment. Fortunately, courts have repeatedly rejected such arguments.

Beyond its lack of a factual or legal basis, Mr. Smith’s subpoena sets a dangerous precedent because it violates our constitutional rights. Mr. Smith’s demand is directed exclusively at the fact that our organization shared information about climate science and Exxon Mobil’s public statements with state attorneys general. But bringing this information to the attention of government officials and urging them to take action is explicitly protected by the First Amendment. The subpoena also infringes on our rights of association, in that it demands that we divulge our private communications with other advocacy groups and funders.