Review Site Can't Be Ordered to Remove Posts, California Justices Rule

Review Site Can't Be Ordered to Remove Posts, California Justices Rule

SAN FRANCISCO — The California Supreme Court yesterday reversed an appellate court ruling that upheld an order that required Yelp to remove a negative review of a business.

State justices held in their decision that federal immunity under Section 230 applies to a website that is a repository of views posted by third parties.

The case has been closely watched because removal orders such as the one obtained against Yelp could be used to silence online speech and undermine the viability of a platform.

Industry attorney Corey D. Silverstein told XBIZ that the decision is a “much needed win for Section 230, which has been under a tremendous amount of attack as of late.”

“Good for Yelp for having the guts to make its own decision when it ignored a judgment from the trial court that was riddled with irregularities,” Silverstein said. “Yelp took a chance in ignoring the trial court and ultimately won. Unfortunately, most ISPs would have probably gone along with the trial court’s original judgment.”

The ruling comes in a case where a woman, Ava Bird, posted a one-star review of the Hassell Law Group on Yelp, expressing her displeasure with its representation in her personal injury action, advising, “[T]o save your case, steer clear of this law firm!”

The San Francisco law firm and its owner, attorney Dawn Hassell, sued Bird, claiming the review was libelous. That lawsuit resulted in a default judgment.

A San Francisco Superior Court judge awarded Hassell and her firm damages and ordered Bird to remove the “steer clear” review, which she has not done.

The judgment also required Yelp to remove the offending review.

Yelp, which was not a party to the lawsuit, was served with the judgment. It moved to set aside the default, claiming in part that it violated both due process and Section 230.

The San Francisco judge denied Yelp’s motion, and a state court of appeal affirmed on several bases.

California justices granted review solely on the due process and Section 230 issues.

By requiring Yelp to delete the offending review, Chief Justice Tani Cantil-Sakauye explained in the ruling, Yelp was being treated as the publisher of the content in violation of the statute.

“The question here is whether a different result should obtain because plaintiffs made the tactical decision not to name Yelp as a defendant,” Cantil-Sakauye wrote. “Put another way, we must decide whether plaintiffs’ litigation strategy allows them to accomplish indirectly what Congress has clearly forbidden them to achieve directly. We believe the answer is no.”

Silverstein noted that the California Supreme Court got this decision "100 percent correct" and that the ruling showed why Section 230 is important for free-speech liberties.

“In this case had the plaintiff named Yelp as a defendant from the beginning of the lawsuit, Yelp would have surely sought dismissal on Section 230 grounds and would most likely have prevailed,” Silverstein said. “I suspect that plaintiff/their counsel recognized that they had little to no chance in prevailing against Yelp and so they strategically proceeded against the named defendant, who incidentally put up no fight and lost by default.

“Could you imagine an internet where review sites, blogs, and web hosts could be held liable for content posted by third parties?” Silverstein asked.

“This case should be viewed as a reminder to everyone about the importance of Section 230 and why government at all levels must be challenged when it attempts to shrink the breadth of Section 230 protection.”

Related:  

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

AEBN Publishes Popular Searches for March and April

AEBN has released the top search terms for the months of  March and April from its straight and gay theaters in all 50 states and the District of Columbia.

Kasey Kei, Khloe Kay Star in Latest From TransAngels

Kasey Kei and Khloe Kay star in "Sorority Sisters," the new limited series from TransAngels.

2024 XBIZ Creator Awards Winners Announced

Winners of the 2024 XBIZ Creator Awards were revealed Wednesday evening during a live ceremony at E11EVEN Nightclub in Miami, Florida. The event, presented by Fansly, was hosted by Siri Dahl and Little Puck.

Sophia Locke, Jennifer White Headline Latest 'Bad Lesbian'

Sophia Locke and Jennifer White topline "Bad Lesbian 19," from Girlfriends Films.

Hookup Hotshot Brings Hosting, Payment Processing In-House

Hookup Hotshot has brought its hosting and payment processing under its own management.

Motorbunny Debuts 'Bunny Slope' Grinding Attachment

Motorbunny has introduced its new Bunny Slope grinding attachment for its saddle-style vibrator.

Adam & Eve, Satisfyer Sign Distro Deal

Adam & Eve has signed a deal with Satisfyer to carry the pleasure brand's entire product line.

Adult Time Debuts New Lexi Luna Showcase Series

Adult Time has released the first episode of its new Lexi Luna limited showcase series.

Eva Maxim Toplines 'TS Hotwives 4' From TransSensual

Eva Maxim stars with Whitney Wright and XWife Karen in "TS Hotwives 4," from Mile High Media studio imprint TransSensual.

'90s Japanese Performer Sues to Remove Titles from Streaming Site

Former Japanese performer Miyuki Ariga is suing the Fanza adult streaming site at the Tokyo District Court to remove four titles she appeared on in 1994.

Show More