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He’d like to charge the Kochs with treason and send climate-change dissenters to jail.

Blissfully unaware of how hot the irony burned, Robert Kennedy Jr. yesterday took to a public protest to rail avidly in favor of censorship. The United States government, Kennedy lamented in an interview with Climate Depot, is not permitted by law to “punish” or to imprison those who disagree with him — and this, he proposed, is a problem of existential proportions. Were he to have his way, Kennedy admitted, he would cheer the prosecution of a host of “treasonous” figures — among them a number of unspecified “politicians”; those bêtes noires of the global Left, Kansas’s own Koch Brothers; “the oil industry and the Republican echo chamber”; and, for good measure, anybody else whose estimation of the threat posed by fossil fuels has provoked them into “selling out the public trust.” Those who contend that global warming “does not exist,” Kennedy claimed, are guilty of “a criminal offense — and they ought to be serving time for it.”


Thus did a scion of one of America’s great political dynasties put himself on the same lowly moral, legal, and intellectual plane as the titillation website Gawker.


It is dull and dispiriting that it should need so often to be repeated, but, for the sake of tedious clarity, repeat it I shall: Freedom of speech is a wholly fruitless guarantee unless it is held steadfastly to protect even those utterances that most pugnaciously contravene the zeitgeist and most grievously offend the well-connected. Inherent to the safeguard, further, is the supposition that the state may not distinguish between speakers or make legal judgments as to whose words are valuable are whose should be frowned upon. Despite a concerted and increasingly unsustainable attempt to suggest otherwise, the question of climate change remains an open and rambunctious one, and the debate that surrounds the topic remains protected in practice by the First Amendment and in civil society by the dual forces of taste and liberality. Robert Kennedy, by agitating for the suppression of heterodoxy, is casting himself as an enemy of all three.

Kennedy’s insidious aspirations are the inevitable consequence of his conviction that he is in possession of the truth and that all who have the temerity to question him are, in consequence, wreckers. At the best of times, and on the least shaky of epistemological ground, this is a dangerous instinct. In this area in particular, it is downright frightening. Of late, it has become drearily standard to hear the Kennedys of the world pretend that if one acknowledges basic climate mechanics, one is forced to take notoriously unreliable computer models at face value and, further, to acquiesce in whatever political “solutions” are currently en vogue. Nothing could be further from the truth. Whatever “consensus” can be said to exist in the realm of climatology is largely limited to the presumption that industrial activity is bound by the same chemical, biological, and physical rules as is any other human pursuit, and to the acknowledgement that if one changes the makeup of the atmosphere, the atmosphere will change. Quite how it will change, to what extent, and to what degree any such transmutation represents a problem for life on earth, however, remain open questions. At present, there remain serious disagreements as to what has caused the current “pause” in global warming; as to what accounts for the embarrassing failure of so many of the forecasts on which we are expected to rely; as to how much of an effect modulations in the climate are having on extreme weather events; and as to how much we can possibly know about the future anyhow.


Wide open, too, are the political questions of what exactly can and should be done about any genuine changes in climate — and at what cost; of whether some climatological alterations are in fact a reasonable price to pay for the astonishing improvements in life expectancy and material wellbeing that the industrial revolution has yielded; of whether man is better off attempting to leverage his ingenuity and to outrun Gaia as he has outrun Malthus; and of at what cost to our liberty and our safety any amendments to our way of life might come. When the likes of Robert Kennedy reveal themselves to be the nasty little tyrants that we have always suspected them to be, this lattermost question comes screaming back into focus. If this affair has revealed any “treason” at all, the guilty party is not the skeptical population of the United States, but Robert Kennedy and his enablers. To fantasize about jailing one’s opponents is, I’m afraid, a sure sign of mental imbalance, and a gold-leafed invitation to be quietly excluded from polite society. Goodbye, Robert.



Scientific knowledge, by its nature, cannot ever be said to be so “settled” as to justify the silencing of critics. Still, even were the debate over climate change in some way to be resolved in perpetuity, the prospect of incarcerating those who dissented would be no less grotesque. In the small part of Planet Earth in which man can be said to be free, governments exist to secure the liberty of those that employ them, not to serve as arbiters of truth. When Robert Kennedy contends that there ought to be “a law” with which the state “could punish” nonconformists, he is in effect inviting Washington, D.C., to establish itself as an oracle, to ensconce in aspic a set of approved facts, and to cast those who refuse to accede as heretics who must be hunted down and burned in the interest of the greater good. In other words, he is advising that we dismantle that most precious of all liberties: the right to our own conscience. As the blood-spattered history of the human race shows us in appalling and graphic detail, the wise response to the man who insists that the Holocaust did not happen, or that 2 + 2 = 5, or that the United States is geographically smaller than Sweden is to gently correct him — and, if one must, to mock or ignore or berate him, too. It is never — under any circumstances — to push him through the criminal-justice system. The cry “but this is different” remains in the case of climate change precisely what it has always been: the cry of the ambitious and the despotic. Once the principle of free speech is subordinated to expedience, circumstances can always be found to justify its suppression.

It is alarming, perhaps, that the loudest condemnations of Kennedy and his ilk will come not from the scientific community, but from a small clique of classical liberals who remain uncommonly jealous of their rights and who are prepared to fight for them come what may. Where, though, is the outcry from the academy? A state that is sufficiently intrusive to jail anybody who dissents from the “consensus” of the “scientific community” is also sufficiently intrusive to jail those within it. By what mathematical standard might we determine who is to be saved? Worse, perhaps, the suggestion that the nation’s courts exist to arbitrate intellectual disputes serves to plant in the minds of the general public the false and counterproductive notion that it is government force and not the interplay of unfettered reason and objective reality that determines “truth.” Airplanes do not fly because the FAA grants them approval to do so, but because our engineers and physicists have correctly determined what they need to do in order that steel might conquer air. Insofar as it has one at all in this area, the role of the state is to facilitate debate and innovation and, at least as far as the exchange of ideas is concerned, then stay out of the way. That the actions of the government and the judgments of a particular subsection of society sometimes line up is an inevitable and, sometimes, a good thing. Nevertheless, taking advice from a group and punishing that group’s critics are different things altogether, for hypotheses cannot be either proven or disproven by jackboots alone.


In its purest form, the case against Robert Kennedy’s being permitted to subject the Koch brothers to “three hots and a cot at the Hague with all the other war criminals” is a relatively straightforward one: Namely, that the Kochs are not war criminals, and that nor, for that matter, are the politicians, pundits, entertainers, businessmen, and voters who have joined them in skepticism. And yet the importance of keeping Kennedy’s view at the fringes goes much, much deeper, relating as it does to core questions about liberty, scientific inquiry, and the manner in which the two feed and support one another. There are fair arguments to be had about surface temperatures, chlorofluorocarbons, and the troposphere, but not a single one of them can be productively indulged if the price of the game is the destruction of its less popular players.

— Charles C. W. Cooke is a staff writer at National Review.