US 9th Circuit rules First Amendment does not apply to YouTube and other online forums

guest · Feb 27, 2020

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
February 27, 2020
https://www.techspot.com/news/84187-us-9th-circuit-rules-first-amendment-does-not.html

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.
Click to expand...

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 Margaret McKeown.
"PragerU runs headfirst into two insurmountable barriers—the First Amendment and Supreme Court precedent [Manhattan Cmty. Access Corp. v. Halleck]."
PragerU attorney Peter Obstler told Reuters that the Seattle appeals court’s decision was “very limited” and that it was only “based on the facts alleged in this case.”
Click to expand...

Former US Solicitor General Donald Verrilli said courts have remained consistent that privately-held internet forums do not qualify as state actors. He asserts that if they did, the internet would be a very different place, “chock-full of sexually explicit content, violent imagery, hate speech, and expression aimed at demeaning, disturbing, and distressing others.”
Click to expand...

Log in or Sign up

US 9th Circuit rules First Amendment does not apply to YouTube and other online forums

guest Guest

Log in or Sign up

US 9th Circuit rules First Amendment does not apply to YouTube and other online forums

guest Guest

Useful Searches