A top right-wing, nonprofit organization known for publishing conservative videos on YouTube has lost an appeal against Google, the owner of the video-sharing platform.
Dennis Prager, founder of Prager University, sued Google in 2017, claiming its subsidiary YouTube prioritized liberal-leaning content such as Real Time with Bill Maher over his work. PragerU lost the case, however, after U.S. District Court Judge Lucy Koh ruled in favor of Google, saying the company is private and therefore not subject to the same regulations as state actors.
On Wednesday, the 9th Circuit Court of Appeals in San Francisco dismissed the media organization’s subsequent appeal, agreeing with Koh’s ruling that the platform is private and could impose restrictions and content filtration, including demonetizing content as it sees fit.
“YouTube does not perform a public function by inviting public discourse on its property,” wrote Circuit Judge M. Margaret McKeown in her brief. “To characterize YouTube as a public forum would be a paradigm shift.”
PragerU took specific issue with YouTube’s restricted content filter, which flagged videos that included alcohol abuse, sexual situations, violence, and other mature situations. The organization’s content featured none such content but was still flagged for “objectionable content” by the company’s algorithm. The videos were then reviewed by humans, who often upheld the content restriction and, in addition, demonetized videos, making it difficult for PragerU to leverage the platform for moneymaking opportunities.
“Although PragerU’s content has received over 2 billion views, many of PragerU’s videos are being blocked and categorized as ‘objectionable content,'” read a statement posted to PragerU’s website.
Censorship of conservative voices on social media has been a hot-button issue since major platforms such as Twitter and Facebook have banned a number of high-profile right-wing accounts.
