Bloomberg Law
Jan. 7, 2021, 8:05 PM

Google, YouTube Win Bid to Dismiss LGBTQ Discrimination Lawsuit

Holly Barker
Holly Barker
Legal Reporter

Google won dismissal of a proposed class action lawsuit claiming that its video sharing platform YouTube discriminates against LGBTQ content creators, after a federal court in California decided the plaintiffs failed to state a First Amendment claim against the private entities.

Magistrate Judge Virginia K. DeMarchi denied the plaintiffs’ Section 1983 claim with prejudice, rejecting arguments that Google and YouTube should be considered state actors for purposes of First Amendment constraints. The plaintiffs were granted leave to amend their Lanham Act false advertising claim, however.

The plaintiffs argued that Section 230, which largely shields online media sharing platforms from liability ...