In a decision late Monday, U.S. District Judge Lucy Koh said a nonprofit run by conservative radio talk show host Dennis Prager failed to show that YouTube infringed its free speech rights by placing age restrictions on its content.
The plaintiff, Prager University, said YouTube’s “animus” toward its “political identity and viewpoint” led it to curb access to videos, including through its “Restricted Mode” setting, on such topics as abortion, gun rights, Islam and terrorism, despite its stated promise of neutrality.
But the judge said Google and YouTube, both units of Mountain View, California-based Alphabet Inc (GOOGL.O), did not qualify as “state actors” subject to the First Amendment by creating a “public forum” for speech.
“Defendants are private entities who created their own video-sharing social media website and make decisions about whether and how to regulate content that has been uploaded on that website,” Koh wrote.
And for the millionth time we see that many right wingers simply cannot comprehend the First Amendment.