RNC’s Lawsuit Over Google Spam Filters Perplexes Ninth Circuit

The Republican National Committee—alleging Google LLC’s Gmail spam filter intentionally filtered out their fundraising emails—was met by a federal appeals panel Tuesday that was unsure how to characterize the email operator’s role in delivering information.

Ninth Circuit Judge Michelle T. Friedland appeared skeptical of the RNC’s claim that Google is a “common carrier” under California law, meaning it must deliver messages, like a physical mail service, without discrimination.

The RNC, which sued Google in California federal court in 2022, alleged Gmail directed emails from the RNC to users’ spam folders in the lead up to the midterm elections that year, ...