Prager Univ. v. Google LLC
Issue
Whether YouTube, as a private company, violated the First Amendment or California unfair competition law by restricting PragerU's videos through its "Restricted Mode" and "Ad Friendly" content policies.
What Happened
PragerU, a conservative media organization, alleged that YouTube systematically demonetized and restricted its educational videos because of their conservative viewpoint. PragerU argued YouTube was a public forum subject to First Amendment constraints and that the restrictions constituted unfair and fraudulent business practices under California law. The California Court of Appeal affirmed dismissal on all grounds. YouTube is a private company not subject to the First Amendment. The unfair competition claims failed because YouTube's Terms of Service expressly authorized the content moderation decisions at issue.
Why It Matters
Rejected both constitutional and statutory challenges to viewpoint-based content moderation by private platforms. Confirmed that private social media companies are not state actors bound by the First Amendment. The decision also illustrates how platforms' terms of service — which expressly reserve broad editorial discretion — can defeat contract-based and consumer protection challenges to content moderation.
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