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Appeals court says fishermen’s claim in lobster defamation suit raises First Amendment questions
The case could affect whether sustainability ratings that drove retailers to drop lobster can be treated as protected speech, attorneys said.
- The Boston-based 1st U.S. Circuit Court of Appeals is weighing whether a defamation lawsuit against the Monterey Bay Aquarium can proceed after the aquarium's Seafood Watch program placed American and Canadian lobster on its "red list" in 2022.
- Maine fishermen, who caught more than 78 million pounds of lobster last year, argue the designation inaccurately portrays them as a threat to whales; some major retailers, including Whole Foods, pulled the product after the warning appeared.
- During oral arguments on July 26, Judge Seth Aframe expressed concern that broadening defamation claims could allow "everybody can sue" under the First Amendment; plaintiff attorney Kevin Lipson claims the aquarium hid countervailing evidence.
- Amy Saharia, an attorney for the aquarium, argued that Seafood Watch did not single out any of the plaintiffs with a direct reference, continuing a case that has lingered in legal machinations after a lower court allowed it to proceed.
- The crustaceans were worth more than $460 million at the docks, making the economic impact a central point of contention; the appellate court's final ruling will determine if sustainability reports are vulnerable to defamation litigation.
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17 Articles
17 Articles
Appeals court says New England fishermen's claim in lobster defamation suit raises First Amendment questions
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.
·Boston, United States
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Court says fishermen’s claim in lobster defamation suit against Monterey Bay Aquarium raises First Amendment questions
The New England-based plaintiffs sued for defamation after the aquarium’s Seafood Watch conservation program placed American and Canadian lobster on its do-not-eat “red list” in 2022.
·San Jose, United States
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Associated Press News+13 Reposted by 13 other sources
Appeals court says fishermen's claim in lobster defamation suit raises First Amendment questions
A federal appeals court has signaled that it might not allow a lawsuit brought by New England fishing businesses and industry groups against a California aquarium to proceed because of the case’s potential impact on free speech.
·New York, United States
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Total News Sources17
Leaning Left9Leaning Right0Center8Last UpdatedBias Distribution53% Left
Bias Distribution
- 53% of the sources lean Left
53% Left
L 53%
C 47%
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