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Judge Rejects Tulsi Gabbard's 'Free Speech' Lawsuit Against Google (techcrunch.com) 175

Last July, Hawaii representative and long-shot presidential candidate Tulsi Gabbard sued Google for infringing on her free speech when it briefly suspended her campaign's advertising account after the first Democratic debate in June. On Wednesday, California's Central District Court rejected the suit outright. TechCrunch reports: Gabbard's campaign, Tulsi Now, Inc., asked for $50 million in damages from Google for "serious and continuing violations of Tulsi's right to free speech." In the suit, her campaign claimed that Google "helps to run elections" through political advertising and search results -- an argument District Judge Stephen Wilson firmly rejected. In dismissing the case, Wilson writes that what Gabbard "fails to establish is how Google's regulation of its own platform is in any way equivalent to a governmental regulation of an election." When it comes to Google, "an undisputedly private company," the First Amendment's free speech protections do not apply. A week ago, another California court reached the same conclusion in a case that right-wing group PragerU brought against YouTube.
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Judge Rejects Tulsi Gabbard's 'Free Speech' Lawsuit Against Google

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  • Comment removed (Score:4, Insightful)

    by account_deleted ( 4530225 ) on Thursday March 05, 2020 @06:55PM (#59801114)
    Comment removed based on user account deletion
    • Re: (Score:2, Informative)

      Right after they do the same to Fox News.

      • Interestingly, Fox News has several noted Democrats on their staff, including Donna Brazile - previous DNC Chairwoman. I don't see too many high-level Republicans regularly featured and on staff at MSNBC or CNN...
        • by dfghjk ( 711126 )

          "I don't see too many high-level Republicans regularly featured and on staff at MSNBC or CNN..."

          You haven't looked.

          • OK, who's on the staff of MSNBC or CNN who was a leader of the GOP.
            • Re: (Score:3, Informative)

              by Anonymous Coward

              Michael Steele - former RNC President
              Nicole Wallace - WH Communication director under George W Bush
              Joe Scarborough- 4 term GOP Congessman

    • Glad I don't cite Citizens United as a travesty but instead see it as the only possible correct ruling. Corporations aren't people, nobody said they are. Corporations, however, are comprised of people and those people have free speech.

      I'm consistent - this ruling is correct and CU was correct.

      • by JBMcB ( 73720 )

        Corporations, however, are comprised of people and those people have free speech.

        This is the bit a lot of people don't understand. I have free speech, and can buy stuff to promote that speech. My neighbor has free speech, and can buy stuff to promote that speech. If we pool our money to buy stuff to promote our mutual speech, our freedom of speech doesn't go away.

        If you don't think that's a fair argument, this was essentially the government's argument when trying to defend the campaign finance laws that got struck down. That you have an *individual* right to free speech, not a collectiv

        • A collective right of free speech is fine. And there is a right to freely associate with people. But there is not a right to freely associate with people and enjoy the protection from financial liability that shareholders have in corporations, or to enjoy tax benefits such as in non-profits.

          I have no problem with the grant of such benefits being conditioned. If you want an association with absolute free speech, form a simple partnership, where each partner is responsible for each of the others and the who

          • That doesn't matter. They don't have a Right to form a corporation; they're allowed to by law. OK. But that doesn't mean you can take away their speech rights while they do it.

            Just like, the State can control where you drive and when, and take away your license, because it is a right, not a privilege. But they can't tell you what bumper stickers you're allowed to have, your speech is still your own even while exercising a privilege created by statute.

            • I mean privilege, not a right, and I typed it backwards. Fire at will, I won't apologize. Only offer this correction.

            • The state can certainly say that corporations are allowed to x and not allowed to do y, and that if they do z they must also do a, provided that these are conditions of their existence, because it is not mandatory that the government allow corporations to exist at all, and it is not mandatory that the government allow corporations to exist for general purposes as opposed to narrow ones that do not encompass speech.

              • As long as x, y, and z are permitted by the Constitution, then yes. Speech restrictions may not be included in x, y, or z.

            • Comment removed based on user account deletion
              • You wrote two sentences. The second one contradicts the first.

                That is why this argument was already lost, and the result will never change. Speech rights are not removed with the wave of a hand in the US. You have it exactly backwards; you can more easily regulate how they pool their resources than how they speak collectively.

        • by Strill ( 6019874 )

          >This is the bit a lot of people don't understand. I have free speech, and can buy stuff to promote that speech. My neighbor has free speech, and can buy stuff to promote that speech. If we pool our money to buy stuff to promote our mutual speech, our freedom of speech doesn't go away.

          That's fine, as long as you personally are responsible for that speech. Corporations, on the other hand, are immune from all manner of things that would get an individual sent to jail. I don't think anyone should have the

          • Corporations, on the other hand, are immune from all manner of things that would get an individual sent to jail.

            What are those?

            • by mishehu ( 712452 )
              I'll believe corporations are people the day Texas executes a corporation.
        • by AmiMoJo ( 196126 )

          None of that has anything to do with this case though. It's not even a free speech issue.

          Google has a commercial advertising business. They chose not to do business with this individual at that time. It's more akin to the famous gay cake case, except that being a politician is not a protected class so she doesn't have a case.

      • I support just about any Constitutional plan to get money out of elections, even having federal funding, federally run debates, etc., but I agree with this; Citizens United was a legally correct ruling. Free speech rights apply to individuals, they apply to the local church group, they apply to civic groups and non-profits, there is no way to say that shareholders can't speak through their corporation. And currently, everybody else is allowed to spend money as speech, so they can too.

        Federal funding for ele

        • "there is no way to say that shareholders can't speak through their corporation"

          Sure there is. Corporations don't even appear in the Constitution. Corporations HAVE NO RIGHTS. Rights are for human beings. The Law need only say that a corporation is not a vehicle for political speech, nor may it be a tool for stifling the political speech of others.

          Such a law would in no way infringe the right of the Owners to personal free speech. Even if you believe that money is speech - surely a bald lie if ever there wa

        • but I agree with this; Citizens United was a legally correct ruling.

          No. It was too expansive. It allows anonymous corporations, funded by foreign sources, to put money into elections. That part is not supported by the constitution.

      • Corporations, however, are comprised of people and those people have free speech.

        Not if they are foreign citizens.

        Citizens united has allowed foreign citizens to put large amounts of money into election campaigns with no accounting of the true sources.

    • Every American has the right to democracy, whether enumerated or not.Google et al have become so powerful, they are platforms innate to democratic debate aka the public sphere.If the US had sane laws, Google would have been fined ~$5bn.

  • by magzteel ( 5013587 ) on Thursday March 05, 2020 @07:05PM (#59801138)

    Google has 92% of the global search market, and 73% of the advertising market. The influence they wield can't be overstated. It's a largely unregulated business that can sway elections and destroy businesses and individuals at will.

    Current legislation hasn't caught up to this situation but eventually it will. I don't know what the outcome will be. Perhaps they will be broken up like Standard Oil and AT&T, or just tightly regulated to protect consumers.

    • They don't have 73% of the global advertising market. That's what we in the biz like to call "made up".
      • They don't have 73% of the global advertising market. That's what we in the biz like to call "made up".

        Well if you Google "google percentage of advertising market" you get a box at the top of the results that says:

        "Google will have a 73 percent market share by year's end, according to the analysis. By 2021, eMarketer predicts that Google's share will drop to 70.5 percent of the market. At an estimated 12.9 percent, Amazon's market share for 2019 will be much smaller than Google's.Oct 15, 2019"

        So don't blame me, I gave you what Google gave me

  • by King_TJ ( 85913 ) on Thursday March 05, 2020 @07:35PM (#59801230) Journal

    My opinion is, all of this just speaks to the larger problem; WAY too much spending on campaigns!

    People constantly complain about the country being run by too many "rich old white men", but America has historically ALWAYS been like that. When the nation got started though, it happened by necessity. (You had to be wealthy enough to have the luxury of taking 4 years of your life to devote to running the country, with the possibility you'd get elected for another 4 -- during a time when most poorer people or minorities lacked enough basic education to do the job properly, even if people wanted to vote them in to do it. It only made sense for well-off land-owners to run for President.)

    These days, wealth really only comes into play because the "norm" is spending many millions of dollars on ad campaigns all over the mass media. Google isn't much of a content producer. It's much more of an indexing service to OTHER people's content, which you can opt to spend money on to get more searches to arrive at your content destination. In that sense, they don't "sway elections and destroy businesses" any more than the rest of the commercial media does. When the TV commercials lie to you, it's because a candidate is willing to pour a bunch of money into broadcasting that lie. When Google "lies to you" about the same thing, it's probably because a candidate was willing to pour a bunch of money into searches directing you to their lie.

    Look how many useful things could have been accomplished with the money Bloomberg spent on his campaigning! And what's he have to show for it now?

    If there's any legislation about "campaign reform" I think would really help, it would be putting strict limits on how much spending a candidate can do during an election. I'd like to see them placed on a tight budget for a Presidential election, where over-spending means automatic disqualification. Not only would this give the "average Joe" more of a real shot at running a competitive campaign -- but it would encourage candidates who proved they know how to stretch a dollar! That's exactly the kind of President I want in office, spending my tax dollars.

  • They use Google for its reach and then file suit against Google for its reach?
    You can't have Falstaff and have him thin.

  • She shouldn't win on 1A grounds but she should get them on contract or fraud grounds.

    Even though 1A doesn't apply to corporations the social value of free speech certainly does and everybody ought to judge Google harshly for their admitted support of the MIC candidates.

  • by Chas ( 5144 )

    Did or did not Google Accept government funding when they started up?
    How much of that did they pay back?

    Also, the advertising. They entered into a contract with the Gabbard campaign. They accepted payment.
    They were in breach of contract.

  • Because Google basically IS a state and government now!
    Because there are no realistic alternatives!
    If Google decides to censor you, you are dead online. Simple as that.

    Oh and yeah, such monopolies are indeed a crime!
    And I think letting such a monopoly exist, is a crime committed by the government too! Specifically by judges like this!
    Would it be my country, then he'd be in prison for neo-libertarian fascism, and be checkt for links to the Mont Pellerin Society terrorist group.

  • Google is like Facebook and other social media platforms. They don't give a shit what garbage you want to push in your ad campaign providing you pay them, abide by the rules of the platform, and by local election law. And if you violate any of these things then your campaign is going to be yanked until you rectify the issue.

    So why was Gabbards' campaign suspended? Google didn't say why in their defence (they didn't need to) so it's entirely open to speculation. There are already questions around Tulsi Gab

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