A federal appeals court is reviewing whether a defamation lawsuit filed by Maine fishing businesses and trade groups against Monterey Bay Aquarium can proceed, due to concerns about free speech. The big picture: Judge Seth Aframe expressed doubts during oral arguments, saying the case raises troubling First Amendment issues and doesn’t seem to fit the usual definition of defamation. Plaintiffs argue the listing falsely portrays the lobster industry as a threat to whales and has caused significant economic harm, citing business losses after retailers like Whole Foods stopped selling Gulf of Maine lobster. The other side: The lobster industry contends that the real threat to whales comes from other fisheries, such as Canadian snow crab, and accuses Seafood Watch of hiding contrary evidence. Go deeper: Conservation groups and government agencies maintain that both lobster and crab fisheries are dangerous to the whales, and entanglement is a critical threat.