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...

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