Judge throws out lawsuit accusing Google, YouTube of censoring conservatives

midian182

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A California federal judge has dismissed a lawsuit that accused both Goolge and YouTube of violating the first amendment by censoring conservative content.

The complaint was filed back in October by conservative radio host Dennis Prager, who operates a YouTube channel called PragerU. He claimed that YouTube is biased against his “political identity and viewpoint” for placing age restrictions and refusing to run some ads on his videos, which cover issues such as abortion and climate change.

Prager said YouTube stopped the ads appearing in some videos without “compelling, significant, or legitimate reason,” arguing that because Google runs the video site as a public forum, its content is covered by the First Amendment. He cited the 1945 case of Marsh vs Alabama, which involved a Jehovah’s Witness distributing leaflets in a town owned entirely by a private corporation. In that case, the high court ordered the corporation to run the town in compliance with the U.S. Constitution.

U.S. District Court Judge Lucy Koh disagreed with his comparison. She cited the 1972 Supreme Court case of Lloyd Corp. v. Tanner, which ruled that a privately-owned mall could ban people from distributing literature against the Vietnam War on its grounds.

Koh writes that she "is not convinced that Marsh can be extended to support Plaintiff’s contention that Defendants should be treated as state actors subject to First Amendment scrutiny merely because they hold out and operate their private property as a forum for expression of diverse points of view."

While the judge has dismissed the complaint, Prager is free to file an amended version within 30 days of Monday’s ruling if he wants to try his chances again.

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Another case of the user not reading and abiding by the consent requirements for access to the service ..... Do any of these people understand even the slightest items behind contract law? Oh wait, they are all jailhouse lawyers .... how foolish of me!
 
Of course a CALIFORNIA judge is going to ignore the blatant censorship of conservatives. Some CA lawmakers have tried to introduce laws that do exactly that.
The first amendment protects you from the government, not private companies.

If you want to post a youtube video, youtube is free to do whatever they want. Private companies do not have to abide by the first amendment.

If conservatives are that upset, they can make their own streaming service, and ban any liberal viewpoints as a youtube competitor. They will be just as protected as google is.
 
It's a private entity, nothing you can do about it. That being said there is no doubt in my mind YT is trying to silence some right wing content. That is too bad though, stop supporting YT by watching content on their site. Go somewhere else, pretty simple.
 
Conservatism is not racism. That's a lie cooked up by the Left to keep their constituents from abandoning them.
 
Conservatism is not racism. That's a lie cooked up by the Left to keep their constituents from abandoning them.

PragerU is a propaganda site that largely rewrites history to their own liking. I've seen numerous videos by them. All of which are strongly slanted. Most are filled with outright lies (not just half truth). This isn't a 'conservative' or 'liberal' issue with them.

Lloyd Corp is a classic case they teach in pretty much all first year law school property courses.

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Also, it's not like Youtube is 'censoring' PragerU content. They are simply not allowing ads to be shown. PragerU still has all their content on youtube -- for free -- for people to see. They just can't make money off of their (allegedly) educational videos.
 
I'll look into it. There are other claims that Google/Youtube is demonitizing conservative sites while leaving liberal sites as they were.
 
For a very long while all top YouTubers have been complaining and concerned about "ad-pocalypses," and how it has affected them. But of course conspiracy nutters are going to believe without a shadow of a doubt that it's all about them. A hidden agenda from "They." Whoever "they" is.
 
Unfortunately the left believes in feelings over facts, but the truth is that facts don't care about your feelings. I can't comment on this particular channel mentioned in the article, but I have heard many conservatives and libertarians claim the same censorship on Youtube, the media, and even universities. Dave Rubin and Philip DeFranco (libertarians) have discussed it many times on their channels.

Ask Ben Shapiro about trying to open a dialog/debate using facts and how the left blindly protests his speeches without even knowing who he is (being a highly educated conservative who spews "dangerous" facts). But in relation to Youtube/Google, why is any of this a surprise? Google fires people for using facts to suggest differences between men and women.
 
I don't I think it's smart for YouTube to do this because everyone would just separate into their own echo chambers spouting off on how evil the other side is. Debate is good and healthy. While I lean conservative and often see liberals as slimy Marxist liars, I do agree with them on occasion.
 
It is interesting, to me, anyway, that Prager's lawyer tried to cite a SCOTUS case in which a religious entity was told that they could not distribute their literature and it was ultimately decided that the religious entity was told that they could as support for Prager's case. Perhaps this is one way for those who do not like this ruling can get around this. Register as a religion and the spout all the propaganda you like - unless, of course, if it incites violence which prior SCOTUS rulings have explicitly stated are not covered by 1st amendment rights. Somehow, though, I suspect that Prager would not qualify, in his current incarnation, as a religion. I guess some lawyers will attempt to assert anything for their fee.
 
The same group that think that a private company has the right to do what they want, don't want a private company doing exactly that?
Absolutely. At least there is consistency. Let them do anything they want as long as it is what they want them to do and when it is not what they want them to do, don't let them do it.
 
Ask Ben Shapiro about trying to open a dialog/debate using facts and how the left blindly protests his speeches without even knowing who he is (being a highly educated conservative who spews "dangerous" facts). But in relation to Youtube/Google, why is any of this a surprise? Google fires people for using facts to suggest differences between men and women.
I think your definition of "fact" is rather interesting. Perhaps you and Kellyanne should date!
 
I think your definition of "fact" is rather interesting. Perhaps you and Kellyanne should date!
Case in point. If you knew who he was and actually listened to him speak, you wouldn't make that claim. You can disagree with his views, but you can't contest the facts he bases those views on. This is why every speech he gives, when question time comes, he has everyone who disagrees with him skip to the front of the line. Any open minded Liberal who has given him the time of day knows that he gives facts, even if they don't agree with his point of view or his suggested solutions to different issues... I don't agree with many of them (I'm not a conservative or even a liberal for the matter). But I enjoy listening to educated people speak from both sides, and Ben Shapiro is undoubtably one of them.
 
Case in point. If you knew who he was and actually listened to him speak, you wouldn't make that claim. You can disagree with his views, but you can't contest the facts he bases those views on. This is why every speech he gives, when question time comes, he has everyone who disagrees with him skip to the front of the line. Any open minded Liberal who has given him the time of day knows that he gives facts, even if they don't agree with his point of view or his suggested solutions to different issues... I don't agree with many of them (I'm not a conservative or even a liberal for the matter). But I enjoy listening to educated people speak from both sides, and Ben Shapiro is undoubtably one of them.
@MaXtor
Maybe so, however, my reaction to your post was not in relation to Shapiro.

There are so many people these days that think the world should comply with their vision that following them all would require the entirety of my time - and that is something that I just do not have to give. With your post as inspiration, I found some quotes from Shapiro and those were just enough for me to know that I would fight against him and those viewpoints if they ever came to a serious forefront in society because, to me, anyway, it is yet another example of divisive elitism that attempts to erode the finer aspects of what it is to be human, inclusive, and interested in the free and benevolent progression of all of humanity.

To me, some of Shapiro's statements attempt to scapegoat others in society, much like many other prominent personalities these days, as the cause of all of societies problems, and I see that as coming from what are fundamentally cowards that cannot and will not look within themselves to find an avenue to their own improvement and/or find what they can do to improve the world without, unless there is absolutely no other recourse, resorting to inciting and committing violence against other human beings or gaining as much wealth as that can without regard to whatever and who ever is trashed in the process.

I cannot say whether Shapiro bases any of his material on "fact" and I am not interested in finding out for those reasons. Any "fact" that is professed to me as such is something that I investigate myself and make a determination from there. Anything can sound factual if presented in the proper context, but whether it is factual or not is something that requires a critical eye, or, in other words, a finely tuned bull$hit detector. As I see it, it is unfortunate that shock sells in today's society. If it did not, people like Shapiro would not exist.

You might be interested to know that Shapiro is getting his own syndicated radio show, starting in some markets, I think, on April 3rd.

This, however, brings me to the point of your post that did spark my comments and that is about the "facts" that the guy google fired supposedly spouted in his case for the causes of the lack of diversity.

First off, I do not think google is universally inclusive; rather, I see them as a parasite gaining its lifeblood through preying on humanity's quest for knowledge and placing the knowledge of those who bid the highest at the top of the search results.

Rather, though, than try to convince you that the "facts" supposedly put forth by the famous memo writer are nothing more than conjecture that is not supported by scientific consensus from any of the modern sciences fields including the humanities, I will say that what I think the memo writer did was point his finger at what I see as the systemic problems that exist in modern society and that stem, perhaps, from a lack of equality within all of humanity regardless of what society views as the usual categories such as race and gender when the lack of equality is discussed in virtually all forums.

In my eyes, it is unfortunate that he presented his material in the fashion that he did and then tried to claim his viewpoint was suppressed because he views himself as a conservative. The sum of this was that his comments were dismissed out-of-hand rather than sparking what I see is a much needed examination of the conditions behind the lack of equality. To me, he was unprepared to present his case and unprepared for the reaction that followed, and for me, anyway, that is tragic.

As I see it, what is needed are people that do not resort to scapegoating or charlatans tying words together in a manner that sounds factual but when examined in depth prove to be specious.
 
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