HASSELL v. BIRD

No. S235968.

5 Cal.5th 522 (2018)

DAWN L. HASSELL et al., Plaintiffs and Respondents, v. AVA BIRD, Defendant; YELP INC., Objector and Appellant.

Supreme Court of California.

July 2, 2018.


Attorney(s) appearing for the Case

Aaron Schur ; Davis Wright Tremaine, Thomas R. Burke , Deborah A. Adler and Rochelle L. Wilcox for Objector and Appellant.

Wilmer Cutler Pickering Hale and Dorr, Patrick J. Carome , Ari Holtzblatt and Mark D. Flanagan for Airbnb, Inc., Automattic Inc., craigslist, Inc., Facebook, Inc., IAC/InterActiveCorp, Reddit, Inc., Snap Inc., Pinterest, Inc., Thumbtack, Inc., Twitter, Inc., and Yahoo! Inc., as Amici Curiae on behalf of Objector and Appellant.

J. Joshua Wheeler ; Katie Townsend , Bruce D. Brown , Gregg P. Leslie and Ariel B. Glickman for The Reporters Committee for Freedom of the Press, The Thomas Jefferson Center for the Protection of Free Expression, American Society of News Editors, Association of Alternative Newsmedia, BuzzFeed, The E.W. Scripps Company, International Documentary Association, Investigative Reporting Workshop at American University, The McClatchy Company, Media Law Resource Center, MPA-The Association of Magazine Media, National Press Photographers Association, News Media Alliance, Online News Association, Radio Television Digital News Association, Reporters Without Borders, The Seattle Times Company, Society of Professional Journalists, Student Press Law Center and Tully Center for Free Speech as Amici Curiae on behalf of Objector and Appellant.

Wilson Sonsini Goodrich & Rosati, David H. Kramer , Shelby Pasarell Tsai , Brian M. Willen and Jason B. Mollick for Google Inc., as Amicus Curiae on behalf of Objector and Appellant.

NYU Technology Law & Policy Clinic and Jason M. Schultz for Change.org, Engine, GitHub, Inc., A Medium Corporation, Patreon, Inc., SiteJabber and Wikimedia Foundation, Inc., as Amici Curiae on behalf of Objector and Appellant.

Public Citizen Litigation Group, Paul Alan Levy ; Juelsgaard Intellectual Property and Innovation Clinic, Phillip R. Malone , Jef Pearlman , Daniel Chao and Erica Sollazzo for Public Citizen, Inc., and Floor64, Inc., as Amici Curiae on behalf of Objector and Appellant.

Greenberg Traurig, Ian C. Ballon and Lori Chang for Glassdoor, Inc., and TripAdvisor LLC as Amici Curiae on behalf of Objector and Appellant.

Horvitz & Levy, Jeremy B. Rosen , Scott P. Dixler and Matthew C. Samet for ACLU of Northern California, ACLU of San Diego & Imperial Counties, ACLU of Southern California, Avvo, California Anti-SLAPP Project, Electronic Frontier Foundation, First Amendment Coalition and Public Participation Project as Amici Curiae on behalf of Objector and Appellant.

University of Arizona College of Law and Jane Yakowitz Bambauer for First Amendment and Internet Law Scholars as Amici Curiae on behalf of Objector and Appellant.

Fenwick & West, Andrew P. Bridges , Tyler G. Newby , Guinevere Jobson and Armen N. Nercessian for Internet Association and Consumer Technology Association as Amici Curiae on behalf of Objector and Appellant.

Brown White & Osborn, Kenneth P. White and Evelina Gentry for Ava Bird as Amicus Curiae on behalf of Objector and Appellant.

Anette J. Beebe ; Gingras Law Office and David S. Gingras for XCentric Ventures, LLC as Amicus Curiae on behalf of Objector and Appellant.

Scott & Cyan Banister First Amendment Clinic at UCLA School of Law and Eugene Volokh as Amici Curiae on behalf of Objector and Appellant.

Duckworth Peters Lebowitz Olivier, Monique Olivier and J. Erick Heath for Plaintiffs and Respondents.

Harder Mirell & Abrams, Douglas E. Mirell , Charles J. Harder and Dilan E. Esper for Erwin Chemerinsky, Valencia Corridor Merchants Association, Derik Lewis, Aaron Morris and Henry Karnilowicz as Amici Curiae on behalf of Plaintiffs and Respondents.


OPINION

In this case, we consider the validity of a court order, entered upon a default judgment in a defamation case, insofar as it directs appellant Yelp Inc. (Yelp) to remove certain consumer reviews posted on its website. Yelp was not named as a defendant in the underlying lawsuit, brought by plaintiffs...

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