Hassell v. Bird

April 17, 2017

In an appeal to the California Supreme Court, Yelp challenged a decision finding that it had to obey an injunction requiring the removal of content that had been adjudicated as libelous. Yelp had argued that it should not be subject to the order since it did not have an opportunity to defend the posts. On appeal, amici emphasized that the implications of that ruling extend beyond Yelp and that the decisions of the trial court and the Court of Appeal undermine the protections of Section 230 of the Communications Decency Act. If the Court of Appeal's decision is permitted to stand, Internet platforms that provide space for comment and discussion, like many news media websites, will effectively see their First Amendment interests in their forums curtailed without an opportunity to object, undermining the vitality of such forums as a place for the public to debate issues.