YouTube, Google Avoid Free Speech Suit Over LGBTQ Content

Law360 (January 7, 2021, 5:51 PM EST) -- A California federal judge has tossed a discrimination lawsuit alleging YouTube and Google violate the First Amendment and civil rights statutes by censoring LGBTQ content creators, ruling that Ninth Circuit precedent precludes a free speech claim but allowing false advertising and state claims to be amended.

U.S. Magistrate Judge Virginia K. DeMarchi said on Wednesday that the First Amendment claim can't move forward under the Ninth Circuit's February ruling in Prager University v. Google, which held that Google and YouTube are not state actors subject to judicial scrutiny under the First Amendment.

"To the extent plaintiffs suggest that defendants have effectively declared...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!