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> Does the rule apply to private citizens? I wonder if the First Amendment agrees with penalizing private citizens "who don’t have experience with the business
by dataflow 2y ago
> Does the rule apply to private citizens? I wonder if the First Amendment agrees with penalizing private citizens "who don’t have experience with the business or product/services, or misrepresent their experience".
I'm sure someone will try to argue that, but the way I interpreted it is that this is not banning people from sharing fake reviews, it's banning businesses from publishing and misrepresenting those reviews as genuine. i.e. It's regulating the business's practices, not the (purported) consumers'.
- 8note 2y agoEffectively, I think it still bans joke reviews. You can submit a joke review, but the company cannot publish it
- acdha 2y agoI think that would depend on whether your joke is clear enough that a reasonable person would not think it “materially misrepresented” your experience – if my review of a Python book says I learned how to import antigravity and was now flying around the neighborhood, it’s probably safe because readers would know that’s impossible. If my joke is too subtle or obscure, it’s probably better not to have it because it will likely confuse people who don’t recognize it.
- dataflow 2y agoThat seems... fine? I'm not sure I understand your point.