In the #9thCircuit today, @prageru is challenging a federal judge's dismissal of its First Amendment lawsuit against Google (YouTube), claiming it restricted access to its videos as a "political gag mechanism" against conservative content. @CourthouseNews
Attorney for @prageru argues that YouTube is a public forum and is subject to First Amendment of scrutiny. Judge Mary Margaret McKeown says, "You can puff and say you are a public forum but that does not define your First Amendment status."
@prageru Judge Jay Bybee says he is impressed by the list of videos @prageru has put in the record. “It seems deeply disturbing that they put your stuff in the restricted area," he says, adding, "But I’m not sure that creates a First Amendment issue.”
@prageru Google's attorney is up. Says YouTube is not discriminating against @prageru. Judge Bybee says, "If that’s your opening line you’re inviting us to make that judgment."
@prageru Judge McKeown: "Google has almost the equivalent of state power when it decides who can and cannot be hosted on that platform."
@prageru Judge Bybee: "Isn’t the remedy that they just have to get their own channel?"
@prageru Google attorney argues it would be a "scary" proposition for a private business to be able to "turn the First Amendment on or off" just by calling itself a public forum.
@prageru What a ride. Case is submitted. Full write up for @CourthouseNews on the way.
@prageru @CourthouseNews Prager University and YouTube clash over the First Amendment and Lanham Act @CourthouseNews bit.ly/30GRFW0
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