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First Amendment doesn't apply on YouTube; judges reject PragerU lawsuit:
YouTube is a private forum and therefore not subject to free-speech requirements under the First Amendment, a US appeals court ruled today. "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," the court said.
PragerU, a conservative media company, sued YouTube in October 2017, claiming the Google-owned video site "unlawfully censor[ed] its educational videos and discriminat[ed] against its right to freedom of speech."
PragerU said YouTube reduced its viewership and revenue with "arbitrary and capricious use of 'restricted mode' and 'demonetization' viewer restriction filters." PragerU claimed it was targeted by YouTube because of its "political identity and viewpoint as a non-profit that espouses conservative views on current and historical events."
But a US District Court judge dismissed PragerU's lawsuit against Google and YouTube, and a three-judge panel at the US Court of Appeals for the 9th Circuit upheld that dismissal in a unanimous ruling today.
"PragerU's claim that YouTube censored PragerU's speech faces a formidable threshold hurdle: YouTube is a private entity. The Free Speech Clause of the First Amendment prohibits the government—not a private party—from abridging speech," judges wrote.
PragerU claimed that Google's "regulation and filtering of video content on YouTube is 'State action' subject to scrutiny under the First Amendment." While Google is obviously not a government agency, PragerU pointed to a previous appeals-court ruling to support its claim that "[t]he regulation of speech by a private party in a designated public forum is 'quintessentially an exclusive and traditional public function' sufficient to establish that a private party is a 'State actor' under the First Amendment." PragerU claims YouTube is a "public forum" because YouTube invites the public to use the site to engage in freedom of expression and because YouTube representatives called the site a "public forum" for free speech in testimony before Congress.
Appeals court judges were not convinced. They pointed to a Supreme Court case from last year in which plaintiffs unsuccessfully "tested a theory that resembled PragerU's approach, claiming that a private entity becomes a state actor through its 'operation' of the private property as 'a public forum for speech.'" The case involved public access channels on a cable TV system.
The Supreme Court in that case found that "merely hosting speech by others is not a traditional, exclusive public function and does not alone transform private entities into state actors subject to First Amendment constraints."
"If the rule were otherwise, all private property owners and private lessees who open their property for speech would be subject to First Amendment constraints and would lose the ability to exercise what they deem to be appropriate editorial discretion within that open forum," the Supreme Court decision last year continued.
(Score: 3, Insightful) by legont on Monday March 02 2020, @01:24AM (74 children)
Is there a compatible public forum? No? Case closed - we are a fascist state.
"Wealth is the relentless enemy of understanding" - John Kenneth Galbraith.
(Score: 2, Insightful) by Anonymous Coward on Monday March 02 2020, @01:38AM
Are you claiming that we would not be in a fascist state if Youtube was under conservative control ?
(Score: 3, Touché) by barbara hudson on Monday March 02 2020, @01:39AM (38 children)
SoylentNews is social media. Says so right in the slogan. Soylentnews is people, not tech.
(Score: 3, Insightful) by fustakrakich on Monday March 02 2020, @02:09AM (37 children)
Nobody except your ISP maybe. Otherwise you have to buy hosting service from somebody else, which puts you right back where you started when they cut you off for offending a fish. We need something more bulletproof against censorship. The internet is supposed to route around damage.
La politica e i criminali sono la stessa cosa..
(Score: 3, Insightful) by barbara hudson on Monday March 02 2020, @02:27AM (34 children)
Others have done it in far worse conditions, so quit yer bitchin' and either get to work or STFU and GTFO. All you need is an old computer and a wireless router. No internet.
SoylentNews is social media. Says so right in the slogan. Soylentnews is people, not tech.
(Score: 4, Touché) by fustakrakich on Monday March 02 2020, @02:40AM (22 children)
Yeah, ok Gilligan, in modern society the tech isn't the problem, it's the humans that get in the way. The pipe still needs to be regulated as a public utility to ensure that nobody can meddle with content distribution. The mesh has to reach across oceans and continents.
La politica e i criminali sono la stessa cosa..
(Score: 2, Touché) by barbara hudson on Monday March 02 2020, @02:05PM (21 children)
SoylentNews is social media. Says so right in the slogan. Soylentnews is people, not tech.
(Score: 2, Touché) by fustakrakich on Monday March 02 2020, @05:44PM (18 children)
Nobody gives a shit about your rants.
Don't care, nobody has to, I don't force them. We just have to prevent people from being able to take it down. That's all that matters.
Hearing you lecture anybody about welfare is very funny. And no, I pee in the nearest available toilet like a normal human. Do you pee in a cup? And what does it have to do with the price of rice? Your troll food tastes lousy. Let's see what else you have on the menu
La politica e i criminali sono la stessa cosa..
(Score: 3, Funny) by barbara hudson on Monday March 02 2020, @07:28PM (17 children)
So, go pee in a cup like you have to, then start rummaging around for old cheap hardware and you can have your iwn Internet. Or STFU about how you can be censored. Because you don't have the ability to set up even a simple server. You'll be free to do whatever you want, but you're too stupid and too lazy to do anything except complain. Whah whah whah. What are you even doing on a tech-oriented site anyway? Should have asked the same question when you were fucking the dog on the green site - would have exposed you a lot sooner.
SoylentNews is social media. Says so right in the slogan. Soylentnews is people, not tech.
(Score: 1) by fustakrakich on Monday March 02 2020, @08:10PM (16 children)
Everyone knows you admitted to HAVING to pee in a cup
No, that's just stuff you made up due to poor reading comprehension. Doesn't matter to me. Go ahead and run wild with it. I like to watch. You are very much like that apk guy. So, like, do your thang, babe
La politica e i criminali sono la stessa cosa..
(Score: 3, Funny) by barbara hudson on Monday March 02 2020, @08:44PM (15 children)
Everyone else has a profession, a trade, a job, or is retired from same. Except you. Two decades and the first indication of your personal life is that you have to pee in a cup, and that people have to either as part of their job or to collect benefits. And since there is zero evidence that you even have any job skills, it's a simple deduction - you either pee in a cup to collect benefits or as part of something else - parole.
Teach you that you can't get away with shit around a bunch of high achievers. We aren't as stupid as you. So when are you going to get a job?
SoylentNews is social media. Says so right in the slogan. Soylentnews is people, not tech.
(Score: 1) by fustakrakich on Monday March 02 2020, @09:02PM (14 children)
I didn't make it up.
Of course you did. By pure chance I just happen to know that for a fact. So, obviously you are making it up. Feel free to come back when you comprehend what was written instead of imagining things you want to see.
The rest of your little tirade, eh... whatever, but please, don't stop on my account! It's kinda funny shit. apk was kinda funny too. I suspect you two are related.
La politica e i criminali sono la stessa cosa..
(Score: 2) by barbara hudson on Monday March 02 2020, @09:42PM (13 children)
And that you don't contribute to the world around you. I might be forcibly retired because of my health, but I'm in trenches today, long after what I came in to do where I volunteer, because the woman who receives clients and serves them coffee, etc., is sick so I'm tagged to do it. Which is what I'm doing when not postin.
In other words, I'm trying to do good while volunteering for the charity I help out at. Same as last night. And because we're severely short of staff this week I'll be working in the warehouse as long as my back allows it over the next few days. You? You have yet to show that you ever made a positive contribution to society. Typical leech.
SoylentNews is social media. Says so right in the slogan. Soylentnews is people, not tech.
(Score: 1) by fustakrakich on Monday March 02 2020, @09:57PM (12 children)
:-) So funny!
You just have poor comprehension. You're on your own with that, babe. Do you argue with people in your head? Maybe it's bleeding over.
You are a one note samba, without the rhythm and soul. So utterly bitter! Well, best you take your frustrations out on me instead of somebody in meatspace. Might save a life.
It's good that you keep yourself busy.
La politica e i criminali sono la stessa cosa..
(Score: 3, Funny) by barbara hudson on Tuesday March 03 2020, @01:39AM (11 children)
And you think you're somehow entitled to everything, including a censor-free platform. And yet, when I gave you instructions on how to do it , as well as how I and others did it, you prove that your real goal it just to complain because you aren't willing to put in a bit of work to make it happen, or even try to find a local mesh node. Too lazy, too unwilling to do anything except complain. A real rebel without a clue.
Whah whah whah.
SoylentNews is social media. Says so right in the slogan. Soylentnews is people, not tech.
(Score: 1) by fustakrakich on Tuesday March 03 2020, @01:50AM (10 children)
That's some funny wacky stuff...
Are you and apk like, siblings? cousins? conjoined twins?
La politica e i criminali sono la stessa cosa..
(Score: 2) by barbara hudson on Tuesday March 03 2020, @02:17AM (9 children)
Trolling or brain damage? Both? Because you don't have anything demonstrable in common with people who work. Just a lifer welfare bum.
I've encountered a few. I grew up in such a neighbourhood, moved out at 16, but there are some who never left. Like the bullies who used to beat me up, never got an education, not even high sc, died painfully of throat cancer like the rest of their family. Or still drunk and drugged out. Or so physically wasted that nobody dare give them a slap in the head because it would kill them.
The story is always the same, and so is the ending. Leave the hood or die like you lived, prematurely and your death unlamented.
SoylentNews is social media. Says so right in the slogan. Soylentnews is people, not tech.
(Score: 1) by fustakrakich on Tuesday March 03 2020, @02:44AM (8 children)
You are truly weird. So much like that guy. Watching you get worked up like this on pure imagination is quite the spectacle. Shirley it's not serious!
Weird is cool. For the most part it's not boring.
Maybe you two are just roomies...
La politica e i criminali sono la stessa cosa..
(Score: 3, Funny) by barbara hudson on Tuesday March 03 2020, @10:20AM (7 children)
You see, that post was so unusual because it included a personal detail - something you never do. Stuck out like a red flag. You have only yourself to blame. So now we all know that your complaints are hypocritical - it's no longer a suspicion. All those years of posting, sanitized of any personal details, pissed away because you got caught up hating on Sanders. Go suck some more Trump dick.
SoylentNews is social media. Says so right in the slogan. Soylentnews is people, not tech.
(Score: 1) by fustakrakich on Tuesday March 03 2020, @05:14PM (6 children)
Damn, man! Now you're just spamming. Please, talk to a therapist! Or come up with new material, at least!
La politica e i criminali sono la stessa cosa..
(Score: 3, Funny) by barbara hudson on Tuesday March 03 2020, @05:56PM (5 children)
Or as Alfred E Neumann waif, "Don't go away mad, just go away."
The more you try to cover up, lie, and deflect, the worse you're making it. Because you can't hide a couple of decades of bullshit and a total lack of any personal information. So go delete Trump And Boris Johnson. After all, they hate government as much as you.
SoylentNews is social media. Says so right in the slogan. Soylentnews is people, not tech.
(Score: 1) by fustakrakich on Tuesday March 03 2020, @08:04PM (4 children)
All I'm doing is responding to your lies
Naw, you're just being goofy, imagining things. Great stuff for the viewing audience I'm sure. So funny, I might link the thread in my sig.
Sure do wish you could see yourself! Thanks for the show! Feel free to keep it running as long as you like.
La politica e i criminali sono la stessa cosa..
(Score: 3, Funny) by barbara hudson on Tuesday March 03 2020, @10:17PM (3 children)
So everyone knows that your attacks on society are just you immaturely biting the hand that feeds you, because you're angry that you'll be on welfare your whole life. Nobody hires anarchists with no work history.
You could do something constructive with your time but it would have to be supervised by someone like me, and you can't do that. Silly coward, made your bed and all you can do is whine about phony injustice.
SoylentNews is social media. Says so right in the slogan. Soylentnews is people, not tech.
(Score: 1) by fustakrakich on Tuesday March 03 2020, @11:42PM (2 children)
Watch this
Speak!
La politica e i criminali sono la stessa cosa..
(Score: 2) by barbara hudson on Wednesday March 04 2020, @12:43AM (1 child)
All you're doing is providing me more opportunities to point out that you're a right-wing troll who hypocritically demanded that if you had to pee in a cup, so should Bernie Sanders. Bernie Sanders isn't required to pee in a cup to collect welfare. You are. Too bad, so sad, angry unemployable who everyone now understands that every time you criticize society you're taking a nip at the hand that feeds you, and you're angry that the world isn't like you think it should be.
Just as everyone now understands why your posts don't mention any sort of work history or career - you're a talentless crybaby. You made yourself that way. So another lying troll with no redeeming qualities, nothing to add to the discussion, no wonder a life on welfare hasn't prepared you for anything constructive or even interesting.
SoylentNews is social media. Says so right in the slogan. Soylentnews is people, not tech.
(Score: 1) by fustakrakich on Wednesday March 04 2020, @12:52AM
Atta girl!
Now, roll over! Play dead! [external-preview.redd.it]
La politica e i criminali sono la stessa cosa..
(Score: 0) by Anonymous Coward on Monday March 02 2020, @11:52PM (1 child)
Yes, ignore all practicality to prove the very stupid point that anyone technically has the ability to start a Youtube competitor. Conservatives make stupid points like that all the time, and they're rightfully called morons. I guess it's okay when you do it, though.
(Score: 2) by barbara hudson on Tuesday March 03 2020, @01:41AM
SoylentNews is social media. Says so right in the slogan. Soylentnews is people, not tech.
(Score: 2) by maxwell demon on Monday March 02 2020, @08:45AM (3 children)
Good luck making a mesh network that allows data transfer e.g. between America and Europe.
And to convince people with close to zero technical knowledge to dive into the complexities of entering a mesh network you have to have something to provide that is much more desirable than what you can get over the easily available channels. Which actually is easier in those much worse conditions you mentioned, as in those conditions those easier channels are either completely unavailable or massively censored and supervised. And yet, even under those conditions, only a minority of people will resort to such technologies.
Anyway, have you ever built up a mesh network that went beyond experimental stage? If not, then maybe you should do it before you tell others how it is the solution to everything.
The Tao of math: The numbers you can count are not the real numbers.
(Score: 2) by barbara hudson on Monday March 02 2020, @02:08PM (2 children)
SoylentNews is social media. Says so right in the slogan. Soylentnews is people, not tech.
(Score: 1) by fustakrakich on Monday March 02 2020, @05:51PM (1 child)
"Arab Spring" was a regional coup by American/European governments, not a "revolution". And the internet in the area has been cut off completely plenty of times [wikipedia.org], by accident of course.
La politica e i criminali sono la stessa cosa..
(Score: 2) by barbara hudson on Monday March 02 2020, @07:32PM
SoylentNews is social media. Says so right in the slogan. Soylentnews is people, not tech.
(Score: 1) by khallow on Monday March 02 2020, @12:54PM (6 children)
Because whatever you use becomes the internet unless you deliberately cut it off from the internet.
(Score: 2) by barbara hudson on Monday March 02 2020, @02:14PM (5 children)
Do you even know the difference between "an internet " and "the Internet "? Didn't think so.
SoylentNews is social media. Says so right in the slogan. Soylentnews is people, not tech.
(Score: 1) by khallow on Monday March 02 2020, @02:26PM (2 children)
Yes. There's no difference. That's why I don't bother capitalizing the internet any more.
(Score: 1) by fustakrakich on Monday March 02 2020, @06:08PM
Just call it the WAN. "Internet" is so, bourgeois
La politica e i criminali sono la stessa cosa..
(Score: 2) by barbara hudson on Monday March 02 2020, @06:37PM
SoylentNews is social media. Says so right in the slogan. Soylentnews is people, not tech.
(Score: 2) by Freeman on Monday March 02 2020, @06:54PM (1 child)
There is only one "Internet"
Everything else is a public/private network that may or may not be connected to the Internet. Nothing else even comes close in size to the Internet and thus, is categorized separately.
Perhaps you're looking for these descriptors?
https://en.wikipedia.org/wiki/Wide_area_network [wikipedia.org]
Joshua 1:9 "Be strong and of a good courage; be not afraid, neither be thou dismayed: for the Lord thy God is with thee"
(Score: 2) by barbara hudson on Monday March 02 2020, @07:43PM
If you used a BBS you probably knew either the operator personally or the person who introduced you to it. Communities tended to have many local user, there were meet-ups before the term was even invented, and people helped determine the direction of the board by their interests and contributions. People were encouraged to upload shareware and freeware by enforcing upload/download quotas, so leeches didn't last.
SoylentNews is social media. Says so right in the slogan. Soylentnews is people, not tech.
(Score: 2) by DeathMonkey on Monday March 02 2020, @08:44PM (1 child)
See, I though we had an uncensored web-forum right here. But I guess that's impossible.
It's rather concerning that this is all just a figment of my imagination. But, on the other hand, it's a great relief to know that several of the posters here don't actually exist!
(Score: 1) by fustakrakich on Monday March 02 2020, @09:07PM
:-) No, here we're doing great, nobody is seen as a threat, officially..
La politica e i criminali sono la stessa cosa..
(Score: 5, Insightful) by Thexalon on Monday March 02 2020, @01:42AM (32 children)
Yes - it's called the web, where you can host your videos on your own server and stream them to whomever wants to see them.
You have a right to speak your piece. You don't have a right to use somebody else's public address system to amplify yourself. You don't even have a right to, for instance, put up a poster in somebody else's pub advertising whatever it is you're doing.
Also, I have to dispute PragerU's claim that their videos are "educational" in nature: It's not hard to find easily provably false statements, and even more misleading statements, in PragerU videos, which makes them not so much "educational" as "propaganda".
The only thing that stops a bad guy with a compiler is a good guy with a compiler.
(Score: 2, Touché) by fustakrakich on Monday March 02 2020, @02:11AM (6 children)
You can only host what your ISP permits.
La politica e i criminali sono la stessa cosa..
(Score: 3, Informative) by Grishnakh on Monday March 02 2020, @03:59AM (4 children)
No one uses an ISP to host websites anymore; they use hosting companies.
(Score: 1, Redundant) by fustakrakich on Monday March 02 2020, @04:31AM (3 children)
A hosting company is the same as youtube, your account can disappear just as quickly. I'm talking about self hosting, from your own machine. I'll bet the ISP's upload bandwidth alone will slow things down pretty good. If we regulate them like utilities as we should, many restrictions would be lifted. Then we won't have to think about youtube or any other hosting company.
But then the ISP can cut you off too, and then you have no internet at all. That makes the ISP a much bigger threat than funky old youtube.
La politica e i criminali sono la stessa cosa..
(Score: 3, Informative) by Anonymous Coward on Monday March 02 2020, @08:04AM (2 children)
You really don't know how this works...
If you are hosting some weird shit and it gets taken down, then maybe you are the problem? There are hundreds of hosting providers around the world. And if none want your shit for $$$, then maybe something is wrong with it??
Hosting it on "your own machine" .... is this like a 12-year old talking here? You don't even know you can *OWN* the machines and just buy bandwidth at HUNDREDS of colocation providers? And then why do that when you can just rent the machine at a reduced rate anyway and just take care of the data? The data being what you want to host anyway? Right?
(Score: 0, Troll) by khallow on Monday March 02 2020, @01:56PM
That can be because there's something wrong with it, sure. Or it can be because some powerful government is able to put enough pressure on said hosting providers (say via credit card companies and banks) to keep your shit turned off. The elephant in this room is censorship by proxy. If YouTube can censor you for any reason, then they can censor you in exchange for quid pro quo with the governments of the world.
And I find it remarkable how the judge in this case could dismiss YouTube's advertising:
False advertising that is allowed to stand because YouTube was allegedly vague enough.
(Score: 2) by barbara hudson on Tuesday March 03 2020, @01:47AM
SoylentNews is social media. Says so right in the slogan. Soylentnews is people, not tech.
(Score: 4, Informative) by Thexalon on Monday March 02 2020, @02:04PM
There are hosting companies who make it abundantly clear that they'll host whatever you want to put out there. It's not like 8chan, the Daily Stormer, InfoWars, or the Revolutionary Communist Party have any difficulty acquiring and maintaining web hosting.
The only thing that stops a bad guy with a compiler is a good guy with a compiler.
(Score: 5, Informative) by PartTimeZombie on Monday March 02 2020, @02:13AM
I read the Wikipedia entry about PragerU and I don't think there is much doubt that they are just a propaganda outlet.
They even lie about what they are with their name.
(Score: 0) by Anonymous Coward on Monday March 02 2020, @02:40AM (8 children)
> You have a right to speak
Do you now?
(Score: 3, Insightful) by Anonymous Coward on Monday March 02 2020, @04:23AM (7 children)
In the US you do.
But you don't have the right to make others listen, nor do you have the right to force others to expend resources amplifying what you say.
(Score: 2) by dry on Tuesday March 03 2020, @04:18AM (6 children)
Unless Congress has passed laws banning speech on national security grounds or laws regulating business speech or your speech is considered obscene and non-artistic or a Judge doesn't like what you say in their court room. The courts have been pretty clear that the 1st only protects some types of speech.
(Score: 0) by Anonymous Coward on Tuesday March 03 2020, @04:28AM (5 children)
The 1st Amendment protects *most* speech. And the courts have taken an extremely hands-off approach, except in very specific circumstances.
And aside from *government employees or contractors* who revealed classified information they *specifically* swore not to reveal (whether such revelation was a net positive or not), advocated the violent overthrow of the government and/or conspired to violate the law (which requires an overt act to further such conspiracy), who, *exactly*, has been prosecuted for speaking their minds?
Let's not speak in generalities either. Names. Dates. Courts.
I'll be waiting.
(Score: 2) by dry on Tuesday March 03 2020, @05:03AM (4 children)
From the 1930's to the 1950's the courts ruled that movies were commercial speech that government could censor. The Hayes code came about. From the Supreme Courts decision in https://en.wikipedia.org/wiki/Mutual_Film_Corp._v._Industrial_Commission_of_Ohio [wikipedia.org]
This particular decision did eventually get overturned after 40 odd years but there's still truth in advertising laws, bans from advertising to minors in some cases like selling cigarettes or alcohol and such on the books as business speech like advertising isn't protected like some types of speech.
Americans have actually been executed for simply talking to some Russians and describing how an atomic bomb works. Execution is pretty extreme for breaking a contract, and I'm not aware of any Constitutional Amendments that override the 1st's ban on Congress regulating speech for national security reasons.
You can walk into any courtroom and start exercising your right to free speech in a way that the Judge doesn't like and you will at least be kicked out of the court room and possibly thrown in jail for contempt. Contempt is now a statutory crime rather then common law as it was when the 1st was passed.
(Score: 0) by Anonymous Coward on Tuesday March 03 2020, @05:45AM (2 children)
So other than some very particular forms of corporate speech (corporations do *not* have the same rights as people, no matter what some corporate shill might tell you -- they are chartered by the government and can be regulated by it at its whim) and some cases almost out of living memory that have been overturned, you've got nothing other than contempt of court?
Man you're really reaching here. I'd add that no one, myself included, said that freedom of speech was absolute in the US.
However, an actual *person* can say *just about* anything with impunity, and the government won't do a damn thing about it.
Or are you claiming that the 1st Amendment protections should be absolute? I'd love to see your legal brief on that.
You are a lawyer, right?
(Score: 2) by dry on Tuesday March 03 2020, @05:57AM (1 child)
The 1st is pretty simple, I'll quote it,
I don't see any exceptions in the above, including for sole proprietorships.
The point is that allowing government to ignore the Supreme Law of the land can lead to tyranny.
(Score: 1) by fustakrakich on Tuesday March 03 2020, @06:29AM
Funny/tragic how "no law" gets so easily brushed aside by the courts and the majority of people.
La politica e i criminali sono la stessa cosa..
(Score: 0) by Anonymous Coward on Tuesday March 03 2020, @05:48AM
Are you making the argument that if 1st Amendment protections are not absolute, we live in a fascist dictatorship?
Or are you one of those anarcho-capitalist or "Sovereign Citizen" nutjobs?
(Score: 3, Insightful) by legont on Monday March 02 2020, @04:57AM (13 children)
There is a thing that people who control speech (and/or OK with it) just can't get. Silenced people take pitchforks and guns and use them. Always.
"Wealth is the relentless enemy of understanding" - John Kenneth Galbraith.
(Score: 2, Touché) by Anonymous Coward on Monday March 02 2020, @02:41PM
You will allow me to post this "Feel the Bern!" road sign in your yard then, right?
(Score: 1) by DimestoreProstitute on Monday March 02 2020, @04:26PM
Then they get arrested and the world moves on.
(Score: 3, Interesting) by Thexalon on Monday March 02 2020, @04:34PM (10 children)
1. No, not always. Sometimes they decide it's not worth it and go back to doing whatever they were doing.
2. Nobody is being silenced. They have the right to say their piece, they just don't have the right to use other people's equipment to amplify and advertise what they're saying.
3. Threats of violence mean you don't have a good argument.
The only thing that stops a bad guy with a compiler is a good guy with a compiler.
(Score: 1) by fustakrakich on Monday March 02 2020, @06:01PM (6 children)
Threats of violence are used to end arguments, not judge them.
By the way, I was informed up above about a case, Marsh vs Alabama, that says, more or less, that a public forum, even on private property, is for all the public, not just those that suit the proprietor's tastes. Being a "company town", youtube could still lose this.
La politica e i criminali sono la stessa cosa..
(Score: 1) by DimestoreProstitute on Monday March 02 2020, @06:51PM (1 child)
They are nowhere near the same thing. This case is dead.
(Score: 1) by fustakrakich on Monday March 02 2020, @08:19PM
sounds very authoritative. You a lawyer, or a judge?
Great nick, by the way
La politica e i criminali sono la stessa cosa..
(Score: 2) by Joe Desertrat on Monday March 02 2020, @11:21PM (3 children)
Can they? YouTube has terms of service spelled out about what they can do, and that is pretty much anything they want with content hosted on their site. If they had no such terms of service, maybe the argument about being a "public forum" might hold, but they make it pretty clear they are a private entity.
(Score: 1) by fustakrakich on Tuesday March 03 2020, @12:38AM (2 children)
they make it pretty clear they are a private entity.
So is a company town, but they still have to let you give or sell pamphlets on their streets.
Personally I don't care either way as long as youtube can't disconnect you from the internet, you can still transmit a signal, until the ISP pulls the plug.
La politica e i criminali sono la stessa cosa..
(Score: 2) by dry on Tuesday March 03 2020, @04:29AM (1 child)
The courts did not rule that the private town had to pay for those pamphlets and I doubt they would have ruled the same if it was about the JW's being obnoxious.
According to the summary, PragerU was suing over being demonetized and basically not pushing their propaganda rather then banned. That would be like the courts ruling that that private town had to post those pamphlets in a prominent place. Similar court cases about malls only allowed the pamphlet pushers to quietly stand in the background offering their pamphlet much like a pair of JW's I passed on the sidewalk today.
(Score: 2, Funny) by fustakrakich on Tuesday March 03 2020, @06:16AM
According to the summary, PragerU was suing over being demonetized and basically not pushing their propaganda rather then banned.
Holy shit! [soylentnews.org]
Better hope youtube wins then, or Soylent is in big trouble
La politica e i criminali sono la stessa cosa..
(Score: 2) by legont on Tuesday March 03 2020, @02:56AM (2 children)
The really sad part is that business typically does not want to censor speech. Government presses them to do it little by little. This is a conspiracy between government and corporations which is what fascism is.
"Wealth is the relentless enemy of understanding" - John Kenneth Galbraith.
(Score: 2) by dry on Tuesday March 03 2020, @04:35AM
Of course businesses want to censor speech that eats into their profits. Shit, if a business could get away with it, they'd censor any good reviews about their competition and only allow their advertising on the public airwaves and elsewhere.
For my small business, I'd fire any employee who swore at clients even if it is their right to swear. Lots of businesses will take it further and monitor social media to make sure employees aren't saying the wrong thing
(Score: 2) by Thexalon on Wednesday March 04 2020, @02:26PM
Oh yes they do.
Every news organization is constantly censoring what ends up on the air or in print. Every employer is quick to censor anything that smells remotely like unionizing. Every company tries to make sure anybody that they can get to sign a contract legally prevents them from talking to the press or law enforcement agencies about their company without their approval. Many businesses do their best to censor what their customers say on review sites, including retaliating against customers who say something nasty.
As a simple example of this, news outlets owned by Comcast have been remarkably reluctant to talk about one presidential candidate's plan to create municipal broadband.
The only thing that stops a bad guy with a compiler is a good guy with a compiler.
(Score: 1) by JustanotherconcernedAmerican on Monday March 02 2020, @11:42PM
Agreed. Dennis Prager is one of the worst on the net.
(Score: 0) by Anonymous Coward on Monday March 02 2020, @02:38AM
And if different plaintiffs mounted a bullshit lawsuit about something you were against, you'd be applauding the courts wouldn't you?