MOOT COURT MOOT Case No. 004 PRODUCT DISPARAGEMENT Radford University MSTD 400 Media Law and Ethics Moot CNN interview by Josh Denny (right) and links to other evidence from the case

Vegetarians of America v. Virginia Fish Producers

Description:

This is a "veggie libel" case involving free speech issues surrounding pfisteria, a serious fish disease, and the balance between consumers need for unrestricted access to opinion & information and agricultural producers need for some marketplace stability.

Details:

When Virginia Fish Producers started bringing in the shad catch for the 2009 season they were surprised at the low demand in the markeplace. They soon found that consumers were responding to warnings about a fish disease called "pfisteria" which causes symptoms of dimentia, loss of memory and lack of coordination in humans.

The warnings came from a group called the Vegetarians of America who insisted that their opinion was based on scientific evidence. Their views were expressed in ads, in press releases, in brochures and in news interviews. The evidence came from studies conducted in the Chesapeake Bay and Pamlico Sound by Maryland and North Carolina scientists and was concerned with waters in those states.

No research had been done in Virginia. In fact, the Virginia state government had not cared to fund any research.

Bear in mind that Virginia Fish Producers have lost $50 million on the shad harvest and the Vegetarians have lost money defending against this lawsuit.

The question is this: How far can public health advocates go in making their opinions heard when scientific evidence may not be absolutely conclusive?

In the absence of positive or negative proof of harm to consumers eating Virginia fish, what criteria can be applied to judge whether there has been "reckless disregard for the truth" -- the main standard in a libel (disparagement) case involving public people or issues.

** Note disclaimer: This case is moot, which is to say, it is a work of fiction for educational purposes. The issues, incidents and matierials presented here are relevant but not real, and any resemblance to real people or institutions is purely coincidental.