Appeals court says fishermen's claim in lobster defamation suit raises First Amendment questions

A federal appeals court has signaled it may not allow a defamation lawsuit targeting the Monterey Bay Aquarium to proceed, citing potential First Amendment concerns. Plaintiffs—New England fishing businesses and industry groups—sued after the aquarium’s Seafood Watch conservation program placed American and Canadian lobster on its “red list” in 2022. During oral arguments on July 26, Judge Seth Aframe said the case doesn’t seem like defamation and described it as troubling from a First Amendment perspective, warning that broadly defining who can be sued could lead to “everybody can sue.” The industry, largely based in Maine, argues the report misrepresents whale risks and caused economic harm. Conservation groups and regulators say entanglement in fishing gear is a key threat to North Atlantic right whales.