Protected under the First Amendment, the Freedom of Speech refers to “the right to express any opinions without censorship or restraint.” Yet, time and time again, there have been many attempts to limit or restrict certain forms of expression.
Photo Courtesy of U.S. News and World Report
Recently, the California Supreme Court ruled that Yelp, the business review forum, could not be ordered to remove negative reviews about a San Francisco law firm citing “the viability of Yelp’s review platform.” According to Bloomberg, Yelp was protected under the Communications Decency Act, a federal law that “immunizes website operators from legal claims over users’ postings.” Of course, the ruling did not prevent the law firm from suing the person who had defamed it.
According to LinkedIn, the business networking platform, “The court’s ruling is seen as a victory for internet companies, who had warned that the case could be used to stifle free speech online.”
With the freedom of speech comes great power and influence. Similar to Twitter, Yelp has become a platform for political warfare between conservatives and liberals in this country.
For example, White House Press Secretary Sarah Huckabee Sanders was denied service at a Lexington, VA restaurant, The Red Hen, due to President Trump’s immigration policies. As a result, The Red Hen took a major hit from conservatives on Yelp, dropping from just under five stars to one star. Similarly, despite a Supreme Court ruling defending Lakewood, CO’s Masterpiece Cakeshop for refusing to cater a gay wedding, many took to Yelp to denounce the business.
Freedom to Object
These bombardments of negative reviews can cause businesses to crumble, making the right to freedom of speech both influential and threatening. There have always been consequences to free speech, but the internet acts as a magnifier, multiplying the risks.
Yelp reassured its readers that “we are working to remove both positive and negative posts that appear to be motivated more by the news coverage itself, than our reviewers’ personal consumer experience with a business.”
The rules that these platforms follow in what they publish and don’t may become one of the most important issues surrounding our rights to free speech. Justice Oliver Wendell Holmes opined in 1919 that no one has the right to falsely shout fire in a theatre and cause panic.
The way we establish rules and limits on how these platforms can shout will ultimately determine our liberties.
Happy Fourth of July!