Conclusion
Anonymity has a long history in American discourse, and it has played a vital role in the evolution of our country.227 The concept of anonymous speech is one of the main pillars of a truly free society, by allowing the free flow of beliefs, expressions, and opinions into the public market of ideas without the threat of fear.228 With the invention of the Internet, this market of ideas is now open at all hours of the day and night and any person with a phone line can "become a town crier with a voice that resonates farther than it could from any soapbox."229 At no time in history as any given person ever held as much power as they do today, and while this has allowed for innovation and revolution that would have been impossible to achieve only fifteen years ago, it has also opened the door for new methods of destruction and harm.230
The decision in Yelp v. Hadeed Carpet Cleaning has significant ramifications for the future of anonymous speech, and while this case is already on its way to the Supreme Court of Virginia, this issue will almost certainly see its day at the United State’s Supreme Court in the very near future.231 When the Supreme Court of Virginia hears this case later on this year, the Court should take into account all of section 8.01-407.1's pitfalls and First Amendment issues and strike it down.232
At the very least, the Supreme Court of Virginia must review the court of appeals decision in Yelp v. Hadeed Carpet Cleaning and declare that even with section 8.01-407.1's extremely low standards, Hadeed did not allege a any substantive claims, nor did it present any evidence that any false statements were made.233 Further, the court of appeals should have interpreted the language in section 8.01-407.1 more vigorously, as to require a stronger evidentiary showing standard, as well as a stronger balancing test.234
Perhaps most importantly, the Supreme Court of Virginia must reject the Court of Appeals ruling that the anonymous Yelp reviews equaled commercial speech.235 The Court of Appeals reasoning in this decision is strange, as case law states that commercial speech is speech that proposes a commercial transaction, something that is totally absent in all of the Yelp reviews.236
The court of appeals was incorrect in finding that Hadeed's claim of defamation was valid and by ruling the Doe defendant's anonymous reviews to be commercial speech.237 The Court also should have rejected section 8.01-407.1 due to its constitutional issues, and adopted the much stronger Dendrite standard that has already been accepted in the majority of the country.238 For these reasons, the Supreme Court of Virginia should reverse this case when hears it later this year.239
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