Question: Internet users do not lose this right at the log - in screen. Thus, the defendants had a constitutional right to speak or post anonymously
Internet users do not lose this right at the login screen. Thus,
the defendants had a constitutional right to speakor post
anonymously over the Internet. But their right must be balanced
against Hadeeds right to protect its reputation. The First Amendment protects a users opinion about a business if the user was a
customer of the business and the post was based on personal experience. If the user never patronized the business, however, the post is a
false statement of fact. And there is no constitutional value in false
statements of fact.
Here, Hadeed was unable to match the anonymous defendants
reviews with the actual customers in its database. Hadeed asked Yelp to
identify the defendants, but the site refused. Thus, a subpoena became
necessary. Without the identity of the defendants, Hadeed cannot
move forward with its defamation lawsuit. There is no other option.
CRITICAL THINKINGEthical Consideration Why would someone post a negative review of a business that he or she had never patronized? Discuss the ethics of this practice.
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