Advocates cannot find solutions to the environmental problems we are facing if we cannot freely speak about the causes. Photo: Shutterstock
October 9, 2026 (Boston, MA) – The First U.S. Circuit Court of Appeals has found that Monterey Bay Aquarium has the right to speak freely about issues of public concern, including sustainable food choices. Conservation Law Foundation (CLF) filed a friend-of-the-court brief in support of the Monterey Bay Aquarium after a small group of businesses and associations working within the Maine lobster industry sued the aquarium for defamation.
“This decision is a victory for all environmental advocates and freedom of speech,” said Sarah Shahabi, associate attorney at CLF. “We can’t effectively fight threats to the natural world without naming them. Speaking openly and honestly about environmental challenges is essential to protecting our planet.”
The Monterey Bay Aquarium added American lobster to its “red list” of unsustainable seafood choices. It encouraged people to not eat lobster from the northeast because lobster fishing gear can entangle critically endangered North Atlantic right whales. The defamation suit claimed that the aquarium was wrong about the risks and that the statements had damaged their businesses. These claims were a clear attempt to stop the organization from speaking up about an important environmental issue.
CLF supported creating a new rating for seafood caught with “on-demand” fishing gear, which poses fewer risks to marine mammals, rather than a boycott. However, we also supported Monterey Bay Aquarium’s right to speak freely about serious, science-backed concerns about sustainability in the American lobster industry. The aquarium downgraded 13 other fisheries in the U.S. and Canada that use fishing gear that poses the same risks to right whales as the lobster industry, not singling out lobster businesses.
“No one should have the power to chill speech that they don’t like,” added Shahabi. “This decision sets a powerful precedent that advocacy is protected by the First Amendment. CLF will continue to speak out on issues that impact New England’s environment without fear.”
The judge’s ruling can be read here.
CLF experts are available for further comment.
###