Bean Maine Lobster, Inc., et al. v. Monterey Bay Aquarium Foundation

When Monterey Bay Aquarium encouraged consumers to stop purchasing American Lobster because commercial fishing in the Northwest Atlantic region poses a risk to the endangered Right Whale, a collection of lobster industry members sued the Aquarium for defamation. The District Court of Maine denied the Aquarium’s motion to dismiss and separate anti-SLAPP motion. The Aquarium appealed.

The district court should have dismissed the case. For more than three centuries, courts have held speech about an entire industry is not actionable. The district court independently should have dismissed the suit because the Aquarium’s statements are nonactionable scientific opinions.

On February 4th, FIRE joined The Institute for Free Speech, Authors Guild, Center for Biological Diversity, Defenders of Wildlife, Freedom of The Press Foundation, Manhattan Institute, and Public Citizen as amici curiae in support of the Aquarium and reversal.