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Neil of Longbeck
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Comments by "Neil of Longbeck" (@neiloflongbeck5705) on "George Orwell's "What is Fascism?"" video.
@ShamanKish by court ruling YouTube is a private forum that the public can choose to have access to in order to make comments. They are allowed to block comments if they decide the user has breached their terms and conditions.
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@TheImperatorKnight no it is a private business being a limited liability company which allows it some of the tax benefits of a sole-trader or partnership and the limited liability of a corporation. It does not matter if there is a single owner of the business or a thousand (just bezyse shares are publicly traded doesn't cha ge a thing). It is by law a private business (as determined by a court of law) and thus is exempt from the provisions of the 1st Amendment and thus it can censor your videos.
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@ShamanKish not really it is based on legal precedent set by US Supreme Courts ruling in Marsh vs Alabama from 1946. Prager Univerdity failed to demonstrate that YouTube was acting in violation of this ruling. As the court pointed out in its ruling "a private entity hosting speech on the Intefnet is not a state actor" and that "YouTube does not perform a public function by inviting public discourse ou its property". The judges went in to say that it is not a "public forum", in the same way that other companies that host "speech kn a private platform" such as a comedy club, nor does YouTube's embrace of diverse expression transmogrify them into state actors (unlike what TIK thinks). The ruling in Marsh vs Alabama was that state trespass laws could not prevent the distribution of religious pamphlets on a town sidewalk even though the sidewalk was in a privately owned company town. The company was ruled to be acting as a state agent in preventing the distribution of the pamphlets.
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According to US case law YouTube is a private company and thus can censor what is put on it (see YouTube vs PragerU. As YouTube operates under American laws, the American court decision stands.
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