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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: DiogenesLamp

> If we allow this bullsh*t of private corporations controlling public speech, we are f***ing dead. <

I agree with that. But the remedy is for us to take our business elsewhere. Or if the corporation is big enough, to apply antitrust laws. We cannot expect the Bill of Rights to protect us. The Bill of Rights was meant to protect us from government tyranny only.

For example, I can stand on a public sidewalk all day long holding a sign saying “Chevy trucks stink”. No policeman can arrest me. No DA can file charges against me.

But if I take that sign into a Chevy dealership, they would certainly have me removed. Chevy can control what I say there. The 1A will not protect me. And it shouldn’t. To say otherwise would mean that property rights have no value.

I must emphasize this: My analogy fails if the corporation is so big that it essentially becomes a monopoly. Then it MUST be regulated as a public utility, or be broken up. Are YouTube or Google there yet? If not, they are getting close to it.


61 posted on 02/26/2020 4:48:27 PM PST by Leaning Right (I have already previewed or do not wish to preview this composition.)
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To: DesertRhino

You made some excellent points there.


62 posted on 02/26/2020 4:49:52 PM PST by Leaning Right (I have already previewed or do not wish to preview this composition.)
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To: semimojo
If no one made viewable content for YouTube then no one would go there to view the content, see the ads, and generate ad income.

The income that YouTube content providers receive is justified because they share with Google the process that leads to the collection of ad revenues.

They are not lazy grifters riding on the gravy train. In some cases it takes hours to film, edit, and upload a 10 minute video. It is not an easy life … except of course for those that YouTube favors like Jennelle Eliana.

63 posted on 02/26/2020 4:51:59 PM PST by who_would_fardels_bear
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To: fwdude
So, that would be UNequal protection under the law, right?

No, the laws are being enforced equally for everyone.

It's just that civil rights law differentiates among classes of people.

64 posted on 02/26/2020 4:55:57 PM PST by semimojo
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To: who_would_fardels_bear
In some cases it takes hours to film, edit, and upload a 10 minute video.

And how many billions of dollars and man years of effort did it take to develop and maintain the YouTube platform?

People wanting to use that resource for free have to follow the rules of the owner of the platform.

65 posted on 02/26/2020 4:58:41 PM PST by semimojo
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To: semimojo

“Classes of people” is inherently unconstitutional.

Am I not typing slow enough for you?


66 posted on 02/26/2020 5:01:28 PM PST by fwdude (Poverty is nearly always a mindset, which canÂ’t be cured by cash)
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To: semimojo
Odd that Prager thought the First Amendment applied to private businesses.

You're reading that from a retarded libertarian website that is celebrating YouTube's right to arbitrarily remove content from their platform in violation of their own advertising as a free speech platform.

YouTube claims immunity from lawsuits on the grounds that it is not a publisher but seeks to assert that it is a publisher for purposes of banning Conservative voices for alleged "racism" or "offensive conduct".

This needs to go to the Supreme Court.

67 posted on 02/26/2020 5:03:34 PM PST by Greetings_Puny_Humans (I mostly come out at night... mostly.)
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To: semimojo

“...First Amendment, which constrains the government—not private actors...”

In regard to those words and not to the rest of the article:
“...That to secure these rights, Governments are instituted among Men...”


68 posted on 02/26/2020 5:06:46 PM PST by KrisKrinkle (Blessed be those who know the depth and breadth of ignorance. Cursed be those who don't.)
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To: semimojo

Either they are a platform or publisher. They demand protections as a platform, but act as a publisher.


69 posted on 02/26/2020 5:08:22 PM PST by MortMan (Shouldn't "palindrome" read the same forward and backward?)
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To: semimojo
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.

Communications Decency Act does no such thing. It allows immunity for "good faith" removal of "offensive content."

When YouTube is censoring you because you're not a tranny, are they acting in good faith and are they removing genuinely offensive conduct? Or are they making political decisions?

70 posted on 02/26/2020 5:11:41 PM PST by Greetings_Puny_Humans (I mostly come out at night... mostly.)
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To: The Duke

“Actually, the article is a lie. Prager asked that YouTube either be classified as a public forum *OR* as a content editor. This is an either/or classification, and YouTube has been laying claim to the benefits of both.”

EXACTLY.


71 posted on 02/26/2020 5:14:14 PM PST by BTerclinger (MAGA)
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To: semimojo
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.

Are you brain damaged? I think that's your problem, buddy.

72 posted on 02/26/2020 5:14:35 PM PST by Greetings_Puny_Humans (I mostly come out at night... mostly.)
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To: semimojo

Another great example of where Libertarians are not our friends.

Libertarians are NOT conservative.


73 posted on 02/26/2020 5:21:43 PM PST by lonestar67 (America is exceptional)
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To: fwdude
“Classes of people” is inherently unconstitutional.

So challenge the Civil Rights Act.

74 posted on 02/26/2020 5:27:21 PM PST by semimojo
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To: semimojo

The obvious answer is for all conservative content be taken off youtube and put on a separate site. Conservatives would be fine with that because they support free speech. Democrats would still find a way to get the conservative site shut down.


75 posted on 02/26/2020 5:28:38 PM PST by robel
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To: FLT-bird

Yep; we are in agreement.

It’s so big now with most the market share that it should have some kind rules and a watchdog group unless it loses its near monopoly in the video share market which isn’t likely.


76 posted on 02/26/2020 5:31:16 PM PST by Boomer ('Democrat' is now synonymous with 'corrupt')
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To: Greetings_Puny_Humans
...in violation of their own advertising as a free speech platform.

Advertising's one thing. If Prager can show that YouTube violated their contract (TOS), then he might have something to work with.

77 posted on 02/26/2020 5:32:36 PM PST by semimojo
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To: CondorFlight

Both ways.

They want to be not liable for content while censoring so-called “hate speech”, which is speech they disagree with politically.


78 posted on 02/26/2020 5:39:22 PM PST by FreedomPoster (Islam delenda est)
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To: Greetings_Puny_Humans
It allows immunity for "good faith" removal of "offensive content."

The immunity is much broader than that.

Even if it were true, "offensive" is in the eye of the owner of the forum.

79 posted on 02/26/2020 5:39:33 PM PST by semimojo
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To: semimojo
The immunity is much broader than that.

Quote the statute then, dumbass. I've read it AND the case law on it months ago.

80 posted on 02/26/2020 5:42:11 PM PST by Greetings_Puny_Humans (I mostly come out at night... mostly.)
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