Amicus Brief: Bean Maine Lobster v. Monterey Bay Aquarium Foundation

Monterey Bay Aquarium had a display describing lobsters as condition “red” in terms of seafood sustainability. Two lobster advocacy/trade organizations and three lobster businesses sued for defamation, representing about 5,600 lobster fishermen. The groups do not allege the Aquarium said anything about particular companies or individuals; rather, all the statements at issue are said to defame the lobster industry as a whole.

Group defamation actions can be dangerous to the First Amendment.  “All lawyers are crooks” is free speech, not defamation, and the American Bar Association should not be allowed to sue for defamation on behalf of all lawyers. Nevertheless, the district court ruled that those thousands of lobstermen could pursue defamation claims against the Aquarium. 

The Manhattan Institute has joined the Institute for Free Speech and a broad coalition of groups on a brief arguing that the district court illegitimately expanded the range of group defamation claims in a way that endangers free speech. The coalition of groups on the brief shows how dangerous the decision is to the First Amendment, no matter the subject matter at issue. For example, joining the brief is the Center for Biological Diversity and the Defenders of Wildlife, two groups that might have critical views on lobster fishing but share the view that group defamation claims can be dangerous to free speech

The First Circuit should overturn the district court. There is no limiting principle that would prevent this rule from being applied to any group (e.g., members of political parties, professions, activist groups, etc.). The decision could have serious consequences for speakers of all sorts.

Ilya Shapiro is a senior fellow and director of Constitutional Studies at the Manhattan Institute. Follow him on Twitter here.

Trevor Burrus is a legal policy fellow at the Manhattan Institute.

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