A federal appeals court signaled that it might not allow a lawsuit brought by fishing industry businesses and trade groups against a California aquarium to proceed because of the case’s potential impact on free speech.

Background

The New England-based plaintiffs sued the Monterey Bay Aquarium for defamation after the aquarium’s Seafood Watch conservation program placed American and Canadian lobster on its do-not-eat “red list” in 2022. The Boston-based 1st U.S. Circuit Court of Appeals is deciding whether the lawsuit can go forward.

One of the appellate judges, Judge Seth Aframe, said during oral arguments on July 26 that it doesn’t strike him as a defamation claim and that he finds the case troubling “from a First Amendment perspective.”

The lobster fishing industry, based mostly in Maine, has pushed back, saying the claim inaccurately portrays it as a threat to whales and constitutes defamation that has caused economic harm. It claims that the whales face greater threats from other fishing industries, including the Canadian snow crab fishery.

Implications

Conservation groups have long made the case that lobster and crab fisheries are both dangerous to the whales, and government agencies have acknowledged that entanglement in fishing gear is a critical threat to the giant animals.

The industry is sticking to that claim despite the judges’ comments during oral arguments, Kevin Lipson, an attorney for the plaintiffs, said Wednesday.

Seafood Watch is one of the most cited sustainability reports about seafood, and many restaurants and stores use it to inform which products to carry. Some major retailers, including Whole Foods, announced they were pulling Gulf of Maine lobster after the red listing.

Original reporting: KTBS 3 (Shreveport) — read the source article.