One of the appellate judges, Judge Seth Aframe, said during oral arguments on July 27 that it doesn’t strike him as a defamation claim and that he finds the case troubling “from a First Amendment perspective.” The lobster fishing industry, based mostly in Maine, has pushed back, saying the claim inaccurately portrays it as a threat to whales and constitutes defamation that has caused economic harm. The industry is sticking to that claim despite the judges’ comments during oral arguments, Kevin Lipson, an attorney for the plaintiffs, said Wednesday. Seafood Watch is one of the most cited sustainability reports about seafood, and many restaurants and stores use it to inform which products to carry. ___This story was corrected to reflect that oral arguments took place July 27, not July 26.