The New England First Amendment Coalition and other press advocates recently warned a federal court that a decision in Maine threatens journalism and commentary on public policies.
In Bean Maine Lobster v. Monterey Bay Aquarium Foundation, a report by the foundation about the fishing industry’s impact on endangered right whales discussed data and industry practices of more than 5,600 lobster fishermen. Despite not being named in the report, three seafood companies and two trade associations sued the foundation claiming libel.
A lower court allowed the claim to proceed under a misapplication of group libel and an overly restrictive approach to public commentary on scientific research and related policy. The case is now being heard by the U.S. Court of of Appeals for the First Circuit, where NEFAC and fellow press groups explained in a Feb. 4 amicus brief that:
“The District Court departed from the precedent of this Circuit and weakened First Amendment protections for news and opinion journalism when it failed to apply the constitutional doctrine of opinion.”
NEFAC and the press groups filed a brief last year when the case was before the district court. In their most recent brief, amici wrote that journalism routinely involves raising questions about, criticizing or shedding light on the practices of companies and other large groups that impact public life.
“The law of defamation protects such speech,” they explained.
Sigmund Schutz, an attorney at Preti Flaherty and a member of NEFAC’s Board of Directors, wrote the brief along with attorneys for the Reporters Committee for Freedom of the Press.
NEFAC is the region’s leading advocate for First Amendment freedoms and the public’s right to know about government. Learn more about the coalition’s work and read about its recent advocacy.
NEFAC was formed in 2006 to advance and protect the Five Freedoms of the First Amendment, including the principle of the public’s right to know. We’re a broad-based organization of people who believe in the power of an informed democratic society. Our members include lawyers, journalists, historians, academics and private citizens.
Our coalition is funded through contributions made by those who value the First Amendment and who strive to keep government accountable. Please make a donation here.
NEFAC appreciates the support of all its donors and contributors. In particular, we would like to recognize the Estate of Gloria L. Negri, the John S. and James L. Knight Foundation and the following Leadership Circle donors: Rhode Island Foundation, The Boston Globe, Paul and Ann Sagan, and the Robertson Foundation. Major Supporters of NEFAC’s work include Hearst Connecticut Media Group, Boston University, the Academy of New England Journalists, and Truro News.