Doe
Doe v. Google LLC
Opinion
Trial Court Opinion
I. BACKGROUND
27 regularly exercise their right to free speech under the First Amendment of the Constitution of the 1 United States.” Compl. ¶ 1. Defendants are YouTube, an online video-sharing platform, and Google, YouTube’s parent company. Plaintiffs created eighteen channels on the YouTube platform. Id. Plaintiffs describe their 5 channels as “extremely controversial” “conservative news” channels that feature content about 6 “Hunter Biden and the Ukraine scandal,” “the ongoing corruption probe,” “social media 7 censorship,” “race relations or protests in America,” and “anonymous posts on political issues by 8 someone identifying themselves as ‘Q.’” Mot. at 8, 15; Compl. ¶ 8. Plaintiffs allege that as of 9 October 15, 2020, their channels attracted over 4.5 million subscribers and over 800 million views. Id. In posting content to the YouTube platform, Plaintiffs entered into a contract with YouTube, as detailed in YouTube’s Terms of Service (“TOS”). Compl. ¶ 1; see ECF 21-1, Exhs. 1 13 (TOS), 2 (Community Guidelines), 3 (harassment and cyberbullying policy), 4 (hate speech 14 policy), and 5 (channel or account terminations). 15 Although the…