Federal appeals court rules YouTube a private forum

Conservative talk show host Dennis Prager lost his lawsuit against YouTube charging the company with given his videos lessor circulation than liberal videos. The 9th Circuit U.S. Circuit Court of Appeals upheld a lower court decision that YouTube was a private forum not subject to the First Amendment. (The Hollywood Reporter, February 26, 2020, by Ashley Cullens)

Prager had argued that YouTube was a public forum since it invited public use of its site to foster freedom of expression thus making it a state actor. But the Supreme Court ruled in 2019 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.” (Ars Technica, February 26, 2020, by Jon Brodkin)

For related FAC coverage, click here, here and here.