You are here:
1st Amendment and Free Speech/legal or ?
Advertisement
Question
Hi, I had posted a review on a local website called Yelp about a bad experience I had with a local mechanic. He hired an attorney who sent me a Cease and desist order saying I had to remove my review from Yelp or face legal consequences. I am not sure if this is a violation of my free speech, is it? Yelp is a website with thousands of reviews of businesses and what I said only concerned my experience, nothing personal.
Hi David,
Please keep in mind that I cannot provide specific legal advice in this forum. For that, you need to speak with an attorney licensed in your jurisdiction.
Generally speaking, however, a poor rating is constitutionally protected speech. Lawyers may make threats, but if statements made are true, or constituted an opinion, such statements would be protected speech. If, however, a statement which makes false statements of fact would not be protected and would be actionable.
I hope this helps!
- Mike
Related Articles
Answers by Expert:
Michael Troy
Expertise
I will answer general questions regarding freedom of speech, petition, or religion. I specialize in cases involving public employment or education, as well as issues related to campaign finance. But I can`t give specific legal advice involving specific cases you might have.
Experience
As an attorney for the Center for Individual Rights, I worked on a number of free speech cases, including Rosenberger v. Univ. of Virginia, in which the Supreme Court upheld my clients' right to run a student newspaper without discrimination because of its religious conent. I also worked on White v. Julian, which protected the right of people to protest against a homeless shelter in their neighborhood.
I also worked for the Federal Election Commission on several cases regarding the right to participate in the election process.
Organizations
Former Attorney for Center for Individual Rights.
Publications
Washington Post
Washington Times
Education/Credentials
J.D. from Univ. of Michigan Law School
Awards and Honors
Truman Scholar
©2012 About.com, a part of The New York Times Company. All rights reserved.