9th Circuit Upholds Ruling YouTube Not Subject to First Amendment

A 9th Circuit Court of Appeals panel affirmed a lower court ruling that Google’s YouTube is a private forum not subject to judicial scrutiny under the First Amendment (see 1803270011). It also agreed with the lower court decision in Prager University v. Google that YouTube’s advertising doesn’t violate the Lanham Act. Judge Margaret McKeown wrote the panel’s opinion (case 18-15712), published Wednesday. It was supported by fellow jurists Jay Bybee and Fernando Gaitan. Prager, an online university, said YouTube has restricted more than 200 of its videos. "The important issue of online censorship did not get a fair shake in court,” said CEO Marissa Streit. "We’re not done fighting for free speech and we will keep pushing forward."