apushatayid: No a lawsuit could not go forward. If the comment is true it isn’t slander or libel and it is legally permissible to publicly be said. And in order for a court to determine whether it was or wasn’t slander to say that “Kashrus Agency Z is not reliable in giving kashrus certification” (or even commenting that Agency Z certifies non-kosher as kosher), the court would need to determine whether in fact Agency Z is reliable or if any of the food that they certify as kosher is in fact kosher. And no court in the United States is legally able to even attempt to make a determination of whether the foods Agency Z certifies is reliably kosher under Jewish Law. Because only Jewish Law can tell us whether the agencies kashrus certification is reliable or whether agency is certifying food that isn’t kosher. Only Jewish Law determine the kosher status of the food. And no American court is Constitutionally able to delve into or attempt to answer questions of what the laws of any religion determine. The court will be forced to throw out any libel or other such lawsuit filed on the basis that the court is Constitutionally unable to address an issue of ecclesiastical law.
