Conservative radio host's suit accuses YouTube of speech discrimination

A yearlong battle between YouTube LLC and some of its contributors over restricted content appears to be headed to court.

On Monday, conservative radio host Dennis Prager filed what is believed to be the first lawsuit against YouTube and its parent company, Alphabet Inc.

YouTube censored dozens of videos posted on YouTube by Prager’s educational nonprofit organization PragerU, the lawsuit states. PragerU has released over 250 videos in which “professors” address topical and historical issues from a conservative perspective.

The complaint, filed in California’s Northern District, alleges PragerU staff discovered Alphabet-owned Google and YouTube had restricted access to videos through the “capricious use of ‘restricted mode’” starting in July 2016.

It also claimed that YouTube demonetized PragerU, preventing ads from running on dozens of its videos deemed “inappropriate.” These included interviews with renowned Harvard Law School professor Alan Dershowitz and National Review writer David French.

Pressed for an explanation of what content was objectionable, Google and YouTube allegedly blamed an algorithm used to screen videos, the complaint states. The companies acknowledged earlier this month that the restrictions and demonetization were actually made during “human reviews” but refused to share details about the process or how those decisions were made, the lawsuit states.

PragerU discovered that copies of the same videos are being shown unrestricted on other YouTube channels while the original videos remain restricted.

The complaint supported its argument by citing the California Supreme Court’s ruling in Fashion Valley Mall LLC v. NLRB, which affirmed that private property can constitute a public forum for free speech if it’s open to the public in the same manner as streets and sidewalks. Fashion Valley Mall LLC v. NLRB (2007) 42 Cal. 4th, 850, 858.

The lawsuit is also noteworthy because Gov. Pete Wilson, now of counsel at Browne George Ross LLP, is one of the lawyers representing Prager. The others are Eric M. George and Peter Obstler.

“This is speech discrimination plain and simple, censorship based entirely on unspecified ideological objection to the message or on the perceived identity and political viewpoint of the speaker,” Wilson said.

Tech companies like YouTube and Google have been increasingly vocal about their crackdown on users that promote hate speech or violence. But the dragnet has ensnared organizations like PragerU, which say they are baffled by what content might be construed as offensive and inappropriate.

There have been several similar examples recently affecting conservatives and progressives.

Earlier this year, PayPal restricted the accounts of a handful of people it said were white nationalists. The company released a statement that said the individuals violated its policy of not using its services to promote hate, violence or racial intolerance.

Lynette Hardaway and Rochelle Richardson threatened YouTube and Google with a lawsuit in August for allegedly demonetizing many videos. The pair, who use the pseudonyms “Diamond” and “Silk,” are prominent supporters of President Donald J. Trump.

The clampdown on speech is ostensibly nonpartisan. But figures on the right say they appear to be the bigger target. YouTube and other service providers are conspiring to specifically curb the dissemination of conservative ideology, they say.

The PragerU complaint also noted that censorship has extended across the political aisle. Google and YouTube received numerous complaints from civil rights activists for filtering videos produced by LGBTQ members and groups.

Similar complaints were made earlier this year against Facebook for shutting down pages associated with Palestinian journalists, Black Lives Matter activists, and artists. Twitter Inc. was also the subject of public outcry after it temporarily suspended the account of actor Rose McGowan after she publicly outed producer Harvey Weinstein for allegedly sexually assaulting her and other women.

While YouTube has shuttered PragerU videos for allegedly inappropriate content, the complaint noted that the website allows videos by Bill Maher, who frequently uses profane speech on his HBO show.

The scale of YouTube’s content and its open access to the public will be the complaint’s primary target. The court brief noted that the website is the largest public forum in the world and that its core mission is to “give people a voice.”