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Washington State Appeals Court Rules Anonymous Online Reviewers Entitled to First Amendment Protection

Anonymous online reviewers are entitled to basic First Amendment protections, the Washington state Court of Appeals ruled Monday. The ruling came in a case brought by Tampa-based attorney Deborah Thomson, who received negative reviews on Avvo, Google and Yelp for…

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how she handled a client’s divorce proceeding in September 2013, said a news release from Avvo, an online legal marketplace that was asked to reveal the identity of an anonymous reviewer. Thomson filed a defamation suit in May 2014 in Hillsborough County, Florida, and sought a subpoena in Washington state on June 25, 2014, hoping to “unmask” the critic who posted on Avvo, the release said. A Washington trial court rejected Thomson’s request in July 2014 and she appealed, it said. Thomson didn’t seek a subpoena in California where Google and Yelp are based, it said. "Whether they're leaving reviews on Amazon or commenting on an op-ed in their local paper, consumers have a right to protect their anonymity online, and to freely express their opinions on the products and services provided by businesses," Avvo General Counsel Josh King said. "This is a developing area of the law, and this case helps set a precedent for consumers' legal rights when expressing themselves online,” he said. “In order for us to deliver consumers the transparency they've come to expect, we need to protect and provide the ability to comment on the quality and delivery of professional services without fear of a lawsuit from a disgruntled attorney," King said. Currently, 12 states, the District of Columbia and many federal courts have adopted standards providing strong First Amendment protections to anonymous online reviewers, the release said. Thomson had no immediate comment.