Yelp, the online forum, is battling a lawsuit in Marietta on free speech grounds.

A day care center operator sued Yelp over comments posted by a parent who withdrew a child. Primrose School, owned by Roper & Sons, said in the complaint that the comments were “unfavorable and completely false statements about an alleged occurrence at that facility” in November 2018.

Judge C. LaTain Kell Sr., Cobb County Superior Court

The lawsuit first accused Yelp of libel but was later amended to delete that allegation. The amended complaint still contends that businesses have the “absolute right to be excluded” from Yelp sites and social media platforms. The day care asked the court to “issue an order directing” Yelp to remove any mention of the business.

Yelp responded with a motion to dismiss the lawsuit on the basis of state law restricting strategic lawsuits against public participation, known as the anti-SLAPP statute, O.C.G.A. § 9-11-11.1.

“When enacting the expanded version of the statute, the General Assembly declared 'it is in the public interest to encourage participation by the citizens of Georgia in matters of public significance and public interest through the exercise of their constitutional rights of petition and freedom of speech' and that 'the valid exercise of the constitutional rights of petition and freedom of speech should not be chilled through abuse of the judicial process,'” Yelp said. “To accomplish these goals, the General Assembly made clear that the revised anti-SLAPP statute 'shall be construed broadly.'”

Yelp also seeks protection from Section 230 of the Communications Decency Act, 47 U.S.C. § 230(c)(1).

The Communications Decency Act “provides expansive immunity to online service providers, like Yelp, from claims arising from their publication of third-party content, like the consumer reviews and business listings at issue here,” Yelp's motion to dismiss said. “Likewise, the First Amendment to the U.S. Constitution and the Bill of Rights of the Georgia Constitution protect both Yelp and the speech posted by others on its platform.”

In a footnote, Yelp said the day care owners “took advantage” of “free services to communicate with prospective customers about their businesses” and registered the Primrose school in Acworth. The terms of service specify that “Yelp is not required to remove content a user deems objectionable.”

Primrose is being represented by Marietta family lawyer Michael Kramer.

“I'd be more than happy to give you my comments after we file our response to their anti-SLAPP motion and our abusive litigation notice,” Kramer said Thursday by email. “They will be filed by April 5.”

Yelp is being represented by First Amendment lawyer Derek Bauer of BakerHostetler.

“While I don't think it is a particularly challenging claim to deal with, it does implicate the rights of Georgia consumers to receive critical information about Georgia businesses, most importantly businesses that carry the awesome fiduciary responsibility of caring for young children,” Bauer said in an email. “So to me it is an important case that we will ask the courts to take very seriously.”

Both sides have asked for attorney fees and litigation expenses.

The case is pending before Cobb County Superior Court Judge LaTain Kell. A hearing date has not been set on the anti-SLAPP motion.