Yelp loses free speech ruling in Virginia appeals court

Yelp has been ordered to identify seven anonymous reviewers of a Virginia carpet cleaning business. The owner of the business had requested the names of the reviewers to determine if they were actual customers as required by Yelp. The Court said that if the reviewers not actually customers, their expressions are no longer protected opinions but false statements of fact and potentially libelous. (Courthouse News Service, January 9, 2014, by Lorraine Bailey)

Yelp countered, “Other courts and other states have shown support for citizens’ First Amendment right to speak anonymously. Consumers may feel the need to speak anonymously for privacy reasons or for fear of unfair retaliation by a business. This ruling could have a chilling effect on free speech in Virginia and Yelp will continue to fight to protect consumers’ privacy and free speech rights. This ruling also shows the need for strong state and federal legislation to prevent meritless lawsuits aimed solely at stifling free speech.” (CNET, January 9, 2014, by Chris Matyszczyk)

Virginia has fewer protections for internet users than other states but legal experts see nationwide reverberations in that the ruling could have a “chilling effect.” (San Francisco Chronicle, January 10, 2014, by Bob Egelko, Caleb Garling and Ben Muessig)