Free Speech Concerns Emerge in Lobster Industry Lawsuit Against California Aquarium
A lawsuit involving a prominent California aquarium and the New England lobster industry has attracted attention over its implications for free speech. The legal dispute, currently under the scrutiny of a federal appeals court, revolves around a defamation claim brought by fishing industry groups against the Monterey Bay Aquarium.
The contention began when the aquarium’s Seafood Watch conservation program assigned American and Canadian lobster to its “red list” in 2022, advising consumers to avoid them due to potential risks they pose to endangered whales, such as the North Atlantic right whale. This move prompted a lawsuit from the lobster industry, predominantly based in Maine, which claims the red-listing unfairly damages its reputation and causes financial harm.
During a recent hearing, Judge Seth Aframe expressed skepticism about the defamation claim, highlighting concerns about its potential to encroach on First Amendment rights. “The more you broaden the class of people that fall within this, the more it feels like everybody can sue,” Aframe remarked during the oral arguments held on July 26.
The lobster sector argues that the Monterey Bay Aquarium failed to consider other factors, including the role of the Canadian snow crab fishery, which they allege poses a greater threat to whale populations. Kevin Lipson, representing the plaintiffs, accused the aquarium of selectively presenting information, stating, “Monterey Bay Aquarium in their Seafood Watch report didn’t disclose any of the countervailing evidence. In fact, they hid that evidence.”
Seafood Watch is a widely referenced source in sustainable seafood practices, influencing decisions in restaurants and retail chains. Following the red-listing, some major retailers, such as Whole Foods, have ceased offering Gulf of Maine lobster.
While Monterey Bay Aquarium has refrained from commenting on the ongoing case, their attorney, Amy Saharia, argued in court that the Seafood Watch report did not specifically target any of the plaintiffs. The legal proceedings continue following a lower court’s decision to allow the lawsuit to progress despite the aquarium’s attempt to have it dismissed.
The economic stakes are significant, as evidenced by Maine fishermen hauling over 78 million pounds of lobster in the previous year, a figure considered modest by recent standards. These crustaceans, valued at more than $460 million, remain an integral component of the state’s cultural and economic landscape.
