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posted by janrinok on Monday March 02 2020, @12:36AM   Printer-friendly
from the or-social-media dept.

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.


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  • (Score: 2, Touché) by fustakrakich on Monday March 02 2020, @05:44PM (18 children)

    by fustakrakich (6150) on Monday March 02 2020, @05:44PM (#965563) Journal

    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

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    La politica e i criminali sono la stessa cosa..
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  • (Score: 3, Funny) by barbara hudson on Monday March 02 2020, @07:28PM (17 children)

    by barbara hudson (6443) <barbara.Jane.hudson@icloud.com> on Monday March 02 2020, @07:28PM (#965623) Journal
    Everyone knows you admitted to HAVING to pee in a cup, and you said people have to for their job or to collect welfare. Given that over the last 2 decades there is zero evidence of you ever working, it explains why you don't understand how society works - you're just a taker. Before people communicated by the internet, I ran a BBS. So did a lot of others. You don't need the internet to communicate, but back then I would have given you the boot because you have zero technical knowledge. It was for computer enthusiasts. You don't like it, create your own platform. An old pc, 3 wifi switches on different channels oriented in 3 different directions, Pringle's cans for extra directionality and distance. Now you have your platform, and it's up to you to generate interest and get other people to become relay nodes.

    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.

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    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)

      by fustakrakich (6150) on Monday March 02 2020, @08:10PM (#965654) Journal

      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)

        by barbara hudson (6443) <barbara.Jane.hudson@icloud.com> on Monday March 02 2020, @08:44PM (#965667) Journal
        I didn't make it up. You wrote that if you have to pee in a cup, so should Bernie Sanders. And that's when things started to unravel. Including why a bum with zero tech background hung around the green site since the beginning of the century shit posting and does the same here. You've been caught, and there ain't nothing you can do about it.

        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)

          by fustakrakich (6150) on Monday March 02 2020, @09:02PM (#965676) Journal

          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)

            by barbara hudson (6443) <barbara.Jane.hudson@icloud.com> on Monday March 02 2020, @09:42PM (#965697) Journal
            You can't change more than a decade of history. You also can't change what you posted. Everyone saw it. We know you don't belong on either the green site or here. And we know that you have zero tech experience or expertise, that you do this because you need something to fill your totally empty life, and that you can't get a job. After all, a couple decades or more of no job is a boat anchor around your neck.

            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.

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            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)

              by fustakrakich (6150) on Monday March 02 2020, @09:57PM (#965704) Journal

              :-) 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)

                by barbara hudson (6443) <barbara.Jane.hudson@icloud.com> on Tuesday March 03 2020, @01:39AM (#965793) Journal
                And still NO evidence of any employment over the last two decades. Everyone else end up referencing stuff that happens or happened on the job - 20 years and you never did. Why not? Because you're a perpetual welfare case. No wonder you can't relate to anyone else who ever worked to put a roof over their head or food on the table. You can't change the facts - 20 years and not a single reference to any sort of work. Because you're a bum.

                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)

                  by fustakrakich (6150) on Tuesday March 03 2020, @01:50AM (#965798) Journal

                  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)

                    by barbara hudson (6443) <barbara.Jane.hudson@icloud.com> on Tuesday March 03 2020, @02:17AM (#965806) Journal
                    And still nothing about ever having a job. Kind of proving my point there, that you've spent your life on welfare sponging off the system you criticize so much. So tell us what someone with no tech experience and no skills of any sort is doing the last 20 years bitching and moaning on the green site and here about the evils of government, biting the hand that feeds you?

                    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)

                      by fustakrakich (6150) on Tuesday March 03 2020, @02:44AM (#965818) Journal

                      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...

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                      La politica e i criminali sono la stessa cosa..
                      • (Score: 3, Funny) by barbara hudson on Tuesday March 03 2020, @10:20AM (7 children)

                        by barbara hudson (6443) <barbara.Jane.hudson@icloud.com> on Tuesday March 03 2020, @10:20AM (#965925) Journal
                        And you STILL can't provide anything from this century that would indicate that you ever had a job, no work anecdotes, no bitching about a crappy boss, nothing. You're just a lazy bum who complains about "the system " even as that same system lets you leech off taxpayers your whole life. Talk about low ambition motherfuckers. And if you hadn't complained that if you have to pee in a cup, so should Bernie Sanders, all would have just continued on. Nobody would have known you have to pee in a cup to get welfare.

                        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.

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                        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)

                          by fustakrakich (6150) on Tuesday March 03 2020, @05:14PM (#966047) Journal

                          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)

                            by barbara hudson (6443) <barbara.Jane.hudson@icloud.com> on Tuesday March 03 2020, @05:56PM (#966057) Journal
                            All I'm doing is responding to your lies, which includes when you try to minimize or deflect from the facts about your history of antigovernment rhetoric being hypocritical because you depend on welfare to survive, and have no known job history despite years of posts here and on the green site.

                            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)

                              by fustakrakich (6150) on Tuesday March 03 2020, @08:04PM (#966118) Journal

                              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)

                                by barbara hudson (6443) <barbara.Jane.hudson@icloud.com> on Tuesday March 03 2020, @10:17PM (#966191) Journal
                                You're the one keeping it running - I have no philosophical problem with feeding the troll. So, keep on deflecting from the legitimate questions your posting history and your claim that if you have to pee in a cup, so should Bernie Sanders. That was the first slip-up in what, 2 decades? It exposed the reason for the lack of any personal details in your profuse posting history here and on the green site - you're a hypocrite who attacks society but has to owe in a cup to collect welfare.

                                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)

                                  by fustakrakich (6150) on Tuesday March 03 2020, @11:42PM (#966228) Journal

                                  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)

                                    by barbara hudson (6443) <barbara.Jane.hudson@icloud.com> on Wednesday March 04 2020, @12:43AM (#966262) Journal

                                    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.