Misapplication of Maine’s Group Libel Rule a Threat to News Reporting
The New England First Amendment Coalition and several press advocates warned a federal court in Maine today that a recent decision threatens journalism and commentary on public policies.
The groups submitted an amicus brief in Maine Lobster v. Monterey Bay Aquarium Foundation. The case involves a report by the foundation about the fishing industry’s impact on endangered right whales. The report 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.
The 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 groups wrote.
In their brief, NEFAC and fellow amici explained that:
“Because the protections against group libel and for opinion enable public interest journalism, the decision raises significant concerns for the press, and without immediate appellate review, risks chilling swaths of reporting and commentary.”
Sigmund Schutz, an attorney at Preti Flaherty and a member of NEFAC’s Board of Directors, wrote the brief on behalf of the coalition, the Reporters Committee for Freedom of the Press, the Maine Center for Public Interest Reporting and the Maine chapter of the Society of Professional Journalists.
NEFAC is the region’s leading advocate for the First Amendment and the public’s right to know about government. All coalition briefs, advocacy letters and statements can be found here.
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 is supported by the Estate of Gloria L. Negri. Additional funding is provided by Leadership Circle donors including the Rhode Island Foundation, The Boston Globe, Paul and Ann Sagan, and the Robertson Foundation. Major Supporters of NEFAC’s work are Hearst Connecticut Media Group, Boston University, the Academy of New England Journalists, Northeastern University and WCVB-Boston.