During jury selection, potential jurors appeared to largely dislike the protests, and many had ties to the fossil fuel industry. In the end, more than half the jurors selected to hear the case had ties to the fossil fuel industry, and most had negative views of anti-pipeline protests or groups that oppose the use of fossil fuels.

Legal sources have said the case is a classic example of a Slapp – a form of civil litigation increasingly deployed by corporations, politicians and wealthy individuals to deliberately wear down and silence critics including journalists, activists and watchdog groups. These cases, even when the entities suing lose, cause significant legal costs for defendants and can have a chilling effect.

Marty Garbus, a longtime first amendment lawyer who is part of the monitoring group, said: “In my six decades of legal practice, I have never witnessed a trial as unfair as the one against Greenpeace that just ended in the courts of North Dakota … Greenpeace has a very strong case on appeal. I believe there is a good chance it ultimately will win both in court and in the court of public opinion.”