U.S. Court Ruled in Favor of YouTube

The U.S. Court of Appeals for the Ninth Circuit rule in favor of video-sharing platform YouTube. Interestingly, the Ninth Circuit is the largest of the thirteen courts of appeals.

A conservative non-profit group Prager University filed a lawsuit against YouTube. According to Prager University, the network’s terms of use censored free speech. Some of the videos covered mature or age-inappropriate content, which video-sharing platform placed in restricted mode.

However, the appeals court decided that YouTube isn’t under the First Amendment. Thus, the site may dictate its terms on how it hosts content. 

Moreover, its ubiquity and its role as a public-facing platform don’t make it less of a private forum. Consequently, it is not subjected to judicial scrutiny under the First Amendment.

In 2019, the U.S. Supreme Court said that hosting speech by others doesn’t transform the platform into a public forum.

Nevertheless, Prager University argued that due to YouTube’s role in public discourse, it should be considered an entity under the First Amendment. However, the appeals court rejected this argument. 

According to the Court of Appeals for the Ninth Circuit, it is not possible to compare YouTube with most private entities, such as company towns. It is important to keep in mind that that video-sharing platform doesn’t hold municipal functions, nor is it a public forum.

The non-profit group presented another argument. Prager University emphasized the company’s statements regarding free expression. The court also rejected this argument because its status as a private entity isn’t decided on its own.