Can anyone sue for defamation over a general statement criticizing his entire industry? The Institute for Free Speech argues the answer must be no, as the alternative would expose speakers to sweeping liability and chill a wide range of speech on matters of public concern.
That’s why the Institute for Free Speech organized a broad coalition of organizations—including the Authors Guild, the Center for Biological Diversity, Defenders of Wildlife, the Foundation for Individual Rights and Expression, the Freedom of the Press Foundation, the Manhattan Institute, and Public Citizen—in filing an amicus brief in Bean Maine Lobster, Inc. v. Monterey Bay Aquarium Foundation. The brief, written by attorneys at Ballard Spahr LLP, urges the U.S. Court of Appeals for the First Circuit to hold that statements about the lobster industry are protected by the First Amendment.
The case centers on a defamation lawsuit brought by trade associations representing over 5,600 Maine lobstermen against the Monterey Bay Aquarium Foundation (MBAF) for statements about the impact of the lobster industry on North Atlantic right whales. The district court denied MBAF’s motion to dismiss, holding that MBAF’s general statements about the industry implied “each and every Maine lobsterman” endangers the right whale.
The brief argues that this ruling threatens core principles of free expression. “Authorizing such group-defamation actions would greatly expand the range of speech that is subject to civil liability and threaten citizens’ ability to speak out on issues of public concern,” the brief explains.
To read the amicus brief in the case, Bean Maine Lobster, Inc. v. Monterey Bay Aquarium Foundation, click here. To read the press release on the filing of the brief, click here.
