My reply to that guy I was talking to since some faggot of a janitor pruned the thread...
I believe they can be taken to court. That this somehow doesn't apply to the internet is a complete anachronism that has only not been amended yet simply because a case of this particular nature has not gone to court thus far.
>9th circuit court of appeals good fucking luck lol
Blake Martinez
Why can't Amazon be sued for false advertisement? I never get packages by the guarenteed delivery date and the same is true for everyone in small towns. This shit is dumb.
Josiah Thomas
You probably could.
Blake Barnes
another legal theory, in addition to the "public square" one that they have just opened themselves up to is that they are no longer a platform, but instead a publisher...this one could open them to hundreds of millions in damages from thousands of simultaneous and class action lawsuits. This purge, I believe, makes them a publisher now, curating content and no longer a mere platform. Now they have liability for everything published on their site.
is the "public square" theory that I was referring to
Juan Wood
yes
Andrew Torres
There was a Supreme Court ruling, Marsh v. Alabama, that a "company town"--a privately owned town--functioned as a public square and people had First Amendment rights.
Another angle is that if Facebook, YouTube etc. are curating content, they are actually publishers and do not get the exemption from CDA.
Jack James
bump
Ayden Bailey
It's about time law fags on this board do something. I know there are a fuck ton of 1Ls and 2Ls and 3Ls on here at the very least
Luis Flores
Your best bet is to sue them in small claims court in San Mateo county California. It’s much harder for big corporations to defend themselves in small claims court.
more please. this file isn't related to the PragerU suit, correct?
Daniel Reyes
Right wingers are absolutely
S E E T H I N G
Tyler Cook
just lmao
Andrew Cooper
Youtube has only been sued 18 times - almost all of those time are out of state petitions requesting subpeonas for discovery. Once they were sued for defamation - case was denied on demurrer - once sued for breach of contract - also denied - once sued in small claims court - guy didn't show up - once by an employee long ago - and the two above. There are probably more federal cases, but those are the only state court cases.
What's interesting is youtube has to either be a publisher - meaning it is liable for defamation because it has control over content - or just a carrier - meaning it is immune from defamation because others control what is published on their site. So the more youtube cracks down on content the more they open themselves up to being called a publisher and thus liable for all the defamation that appears on their website. But they are sued so rarely it hasn't been tested.
That's another case. Where can I upload pdf's online? Let me know and I'll put the prager complaint there.
Charles Clark
Can facebook be charged with something for posting the NZ shooting. Their site. They remove or prevent content. Any SOL still stands.
Leo Young
Yes. Either google/youtube/facebook/twitter represents a platform, a medium, a *public square* for *public discourse*, in which case they can not discriminate against participants. OR They are private companies in the open market of publishers, etc., and they are subject to antitrust laws.
They can't have the exceptions to constitutional protections AND total domination over a marketplace.
>So the more youtube cracks down on content the more they open themselves up to being called a publisher and thus liable
The secret is that they don't care. If they can influence the 2020 election in their favour nothing will be done to punish them. The recent anti-trust probe made them say fuck it and just go ahead and start banning everyone while they still can, they have nothing to lose anyway.
Ryan Edwards
okay, so google another pdf hosting platform. (ironic, eh?)
Brayden Fisher
None of the social media that enjoy the common carrier laws should act like the publisher that they really are. It's not that they can't censor the speech, it's that they aren't treated as a publisher while doing so. There are very distinct differences and the publishers are financially responsible for what appears on their platform. It's the distinction between the common carrier and the publisher as well. They can't curate the speech when they are a common carrier, and as a publisher they are financially responsible for the content on their website. As it stands they want to eat the cookie and have it too.
>they don't care Why should they? Nobody ever sues them.
Daniel Thompson
excellent, thanks!
Cooper Brooks
This. But now we have a dillema: because all that they care about is 2020. Nothing else matters. I don't, for a second think that YT cares about making money anymore. They are being sponsored by other companies and organizations and what they are doing is purely political, and they can literally wait us out. 2020 matters, not because of Ytump, cause he will win, but because of the Congressional elections.
Austin Hill
You can get 5$ back for each delayed prime delivery, you just need to write the support.