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

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

Summary

A federal appeals court is reviewing a lawsuit filed by lobster fishermen against the Monterey Bay Aquarium. The fishermen claim the aquarium’s Seafood Watch program defamed them by placing lobster on a “do-not-eat” list due to threats lobsters’ fishing gear pose to whales, raising questions about free speech.

Key Facts

  • The lawsuit is brought by New England fishing businesses and trade groups against a California aquarium.
  • Seafood Watch added American and Canadian lobster to its “red list” in 2022, advising people not to eat it.
  • The red listing was due to the risk lobster fishing gear poses to endangered whales like the North Atlantic right whale.
  • The lobster industry argues the claim is false and harms their business by wrongly blaming them for threats to whales.
  • A federal appeals judge expressed concern that the case could limit free speech rights under the First Amendment.
  • Some major retailers stopped selling lobsters from the Gulf of Maine after the red listing.
  • In 2023, Maine fishermen caught over 78 million pounds of lobster worth more than $460 million.
  • The aquarium says Seafood Watch did not specifically name the plaintiffs in the report and declined further comment.
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