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PragerU's Attempt To Violate YouTube's 1st Amendment Rights Shot Down By 9th Circuit Court of Appeals
Reason ^ | 2/26/20 | Billy Binion

Posted on 02/26/2020 3:40:49 PM PST by semimojo

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To: The Duke
As a public forum, YouTube would lose much of its ability to control content.

Section 230 specifically protects public forums. It was drafted to address Prodigy and the like.

FR is a public forum. Has Jim lost the ability to control content?

41 posted on 02/26/2020 4:34:04 PM PST by semimojo
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To: semimojo

Reason has gone to the other side.

Not that they were ever far away from it.


42 posted on 02/26/2020 4:35:26 PM PST by ifinnegan (Democrats kill babies and harvest their organs to sell)
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To: CA Conservative
However, if the site exercises editorial control, which they do when they list Prager’s videos as Restricted content, then they become publishers and lose a lot of the immunity they had.

Except they don't. They get to play on both sides of the fence with no accountability to anyone.

Google needs to be wiped out. They need to be made non existent.

43 posted on 02/26/2020 4:35:36 PM PST by DiogenesLamp ("of parents owing allegiance to no oither sovereignty."/)
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To: Boomer

Its a monopoly. They have an overwhelming market share and the barriers to entry are very high. Its not enough to write a bit of code so your site will play videos. Due to network effects, a channel like Youtube has all the eyeballs and the content such that its is impossible for any of the minnows like bitchute, vimeo, dailymotion, etc to compete.


44 posted on 02/26/2020 4:38:16 PM PST by FLT-bird
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To: semimojo

No, the odd thing is that Google/Youtube wants the legal protections of a common carrier while acting as editorial control. Prager is correct. Google is private (kinda) but they are as private as Verizon.

Verizon cannot suspend your service because you called the Trump campaign number.

Google exercises editorial control, so they should lose their protection and be strictly liable for what they publish.


45 posted on 02/26/2020 4:38:41 PM PST by DesertRhino (Dog is man's best friend, and moslems hate dogs. Add that up. ....)
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To: mmichaels1970
Stop comparing a tiny political website to a multi billion user corporation.

The difference in scale is what makes it objectionable... and dangerous.

46 posted on 02/26/2020 4:38:59 PM PST by DiogenesLamp ("of parents owing allegiance to no oither sovereignty."/)
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To: Terry L Smith

There’s only one TFM.


47 posted on 02/26/2020 4:39:29 PM PST by who_would_fardels_bear
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To: semimojo

See, here the 9th circuit is siting “Supreme Court Precedents”, and that’s fine as far as it goes. An issue like whether private online content conduits should suddenly be treated as a public utility should probably be left to the Supremes. I get that. But then various circuit courts seem to have no problem violating executive prerogatives whenever it suits their ideological needs. The contrast is striking.


48 posted on 02/26/2020 4:40:26 PM PST by Tallguy (Facts be d@mned! The narrative must be protected at all costs!))
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To: CA Conservative
...if the site exercises editorial control, which they do when they list Prager’s videos as Restricted content, then they become publishers and lose a lot of the immunity they had...

No, that's how some want it to work but Section 230 of the Communications Decency Act explicitly let's these companies moderate/edit content without liability.

49 posted on 02/26/2020 4:40:51 PM PST by semimojo
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To: semimojo
FR is a public forum. Has Jim lost the ability to control content?

Stop comparing a tiny political website to a multi billion user corporation.

The difference in scale is what makes it objectionable... and dangerous.

50 posted on 02/26/2020 4:41:45 PM PST by DiogenesLamp ("of parents owing allegiance to no oither sovereignty."/)
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To: The Duke
Unfortunately I don't think it will work out well for Free Speech on the internet.

The liberals are seeing that it is mostly conservative speech that is being muzzled so they're OK with it.

The "conservatives" on the court are mostly pro-business so they will not want to step on the dainty little toes of megacorps.

Unless Trump starts tweeting on this conservative thought on the internet is headed for the dust bin.

51 posted on 02/26/2020 4:42:26 PM PST by who_would_fardels_bear
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To: Leaning Right

It is not that they are private, or that they are so large. It is that they receive legal protection as a common carrier. They cannot be sued for what is published ON their site because they claim to have no control over content.

Now they are full editors. They are not censoring violent threats, etc. They are censoring anything republican or conservative. They censored Rand Paul’s speech on the Senate floor.

They are editors and should be liable for their published content, just like a newspaper.


52 posted on 02/26/2020 4:42:49 PM PST by DesertRhino (Dog is man's best friend, and moslems hate dogs. Add that up. ....)
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To: fwdude
And yet, bakers and wedding vendors, all PRIVATE companies, are not allowed that right by this hypocritical court.

True, but in those instances the discrimination was against classes of people specifically protected by law.

Political ideology isn't a protected class.

53 posted on 02/26/2020 4:42:55 PM PST by semimojo
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To: semimojo

“But that argument would require, at minimum, for YouTube to hold a monopoly on internet video hosting.”

Oh puleeze! They hold by far the biggest slice. So big that their ‘competition’ is theoretical more than real. Which means they are as much a monopoly as Ma Bell was back in the day.


54 posted on 02/26/2020 4:43:08 PM PST by Tallguy (Facts be d@mned! The narrative must be protected at all costs!))
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To: semimojo
True, but in those instances the discrimination was against classes of people specifically protected by law.

Political ideology isn't a protected class.

So, that would be UNequal protection under the law, right?

55 posted on 02/26/2020 4:44:18 PM PST by fwdude (Poverty is nearly always a mindset, which canÂ’t be cured by cash)
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To: ifinnegan
Reason is full of ideologues. Adhering to strict ideologies never works in the real world.

It's almost as if libertarianism is as utopian as communism. After all, don't they both see the eventual withering away of the state once everyone is properly informed and educated?

56 posted on 02/26/2020 4:45:16 PM PST by who_would_fardels_bear
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To: Leaning Right

“Suppose Google decided to delete all references to conservative sites and conservative politicians. Should the government step in? Maybe.”

Heck, they’re already playing with search rankings. If they don’t get slapped down for that, then eventually when they deem the stakes are sufficiently high, they’ll start deleting conservative listings outright.


57 posted on 02/26/2020 4:45:37 PM PST by Tallguy (Facts be d@mned! The narrative must be protected at all costs!))
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To: faithhopecharity
...certain monopolistic entities controlling our society and Our communications. Google/ YouTube bring right at the top of the list.

YouTube has no control over my communications and it could go away tomorrow without affecting anything but making it harder to find music videos.

The real issue is people are making money using their platform (for free) and those people don't like being kicked off of the gravy train.

58 posted on 02/26/2020 4:46:16 PM PST by semimojo
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To: Tallguy
When I was a kid I used to communicate with my friends using tin cans connected by a wire.

So therefore Ma Bell didn't have a monopoly and shouldn't have been regulated out of business.

/sarc

59 posted on 02/26/2020 4:46:46 PM PST by who_would_fardels_bear
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To: DiogenesLamp
Never before in history did a "private" corporation have so much control over public speech.

YouTube?

Overstate much?

60 posted on 02/26/2020 4:47:24 PM PST by semimojo
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