First Amendment Omitted
The Virginia supreme court abstained from any discussion of the First Amendment right to anonymous speech, only mentioning in a footnote that Yelp asserted that the enforcement of the subpoena was inconsistent with the First Amendment, that they “need not reach these assignments of error” because they held the court did not have authority to enforce the subpoena against Yelp anyway..
Unclear if reviewers were customers
The Hadeed carpet company has not indicated that the statements made on Yelp were false, but instead has argued that the reviewers, who they could not locate in its customer database, falsely claimed to be customers when they made the negative reviews.