Comment Re: Publicity (Score 1) 40
I dont think this is whats being argued here. Its a Tort suit, so its going to really be more akin to a personal injury claim.
Thats not to say it won't end up in the Supreme Court as its invoking potentially novel legal theories, nor that there won't be potential constitutional questions, but I dont think they are arguing a constitutional right, rather that its simply "your client hurt my client, and we want compensation", so the legal question will be "what responsibility does the oil company have to actions which harm others".