US 9th Circuit rules First Amendment does not apply to YouTube and other online forums
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US 9th Circuit rules First Amendment does not apply to YouTube and other online forums
Case was dismissed by lower courts and upheld in Appeals citing Supreme Court precedence
Big quote: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances." - First Amendment, US Constitution
It is a common misconception that the First Amendment of the US Constitution protects citizen's right to say anything thing they want anywhere they want. However, its purpose and language are to prevent the government from restricting speech. The First Amendment does not apply to private businesses such as restaurants and banks or online platforms like YouTube.
The 9th US Circuit Court of Appeals has once again upheld a decision by lower courts to dismiss a lawsuit brought by Prager University against Google. According to the ruling, internet platforms are not subject to the First Amendment.
Conservative talk show host Dennis Prager, who runs the nonprofit PragerU, claimed that YouTube set a large number of his videos ranging from abortion to gun rights as "restricted" and demonetized them. He asserted that this was a violation of his freedom of speech. The courts disagreed.
In a unanimous 3-0 decision, the 9th Circuit said that despite YouTube's "ubiquity" and its public accessibility, it is not a "state actor."
"Despite YouTube's ubiquity and its role as a public- facing platform, it remains a private forum, not a public forum subject to judicial scrutiny under the First Amendment," wrote Circuit Judge Marga