Your Anonymous Reviews and Comments May Not Be Anonymous Much Longer

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Screenshot by Kaitlin Steinberg
A Virginia court set a new free speech precedent, and Yelp ain't happy about it.
So much for free speech.

Last week, a Virginia court ruled that Yelp must turn over the identities of seven anonymous reviewers of a carpet store because the commenters may not have been actual customers. According to Yelp's terms of service:

"You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.

The part that stood out to the court in Virginia is the bit about "material that is false." According to the court, these statements aren't protected by the First Amendment right to free speech. By that logic, neither are your restaurant reviews on Yelp or your anonymous comments on blogs unless they're clearly non-libelous opinions or verifiable statements of fact ... Right?

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