LGBTQ+ content creators “claim that despite YouTube’s purported viewpoint neutrality, defendants have discriminated against them based on their sexual or gender orientation, identity, and/or viewpoints by censoring, demonetizing, or otherwise interfering with certain videos that plaintiffs uploaded to YouTube.” In 2021, the court dismissed the lawsuit with limited leave to amend. In response to those amendments, the court dismisses the case again. Much of the opinion reiterates the prior ruling.
California state constitution claim: “no court has extended the Pruneyard line of cases, which concern physical property, to the Internet.” If you’re still invoking Pruneyard analogies for online content moderation, I question your motives.
Unruh Act. “The parties do not dispute that the Unruh Act applies to a website that hosts videos posted by members of the public.” The court continues:
Plaintiffs’ allegations that defendants intentionally discriminated against them because of their sexual orientation in violation of the