Youtube Censorship Nazi’s Terminate Brownells’ Video Account

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MCVetSteve

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There's no rights violation. The Constitution applies to the government, not private companies.

True, but if I understand correctly YouTube advertises their platform as a place where ANYONE can talk about ANYTHING. Their company slogan is, or was, “broadcast yourself.” So censorship as such is obviously not a violation of the first amendment. It is however false advertising, and very possibly a breach of contract.
 

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True, but if I understand correctly YouTube advertises their platform as a place where ANYONE can talk about ANYTHING. Their company slogan is, or was, “broadcast yourself.” So censorship as such is obviously not a violation of the first amendment. It is however false advertising, and very possibly a breach of contract.

There's no real contract to be breached. There's no consideration, as in we don't pay YouTube in return for their services. There's a terms of service or licensing agreement, but not a contract in the sense that it can be breached and damages demonstrated..
 

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And as always, everything is subject to "their" terms of service which can change at anytime.

Generally yes, as for the majority of users (meaning the relevant ones here, the content creators) it's a free service so you can opt out if you disagree with the changes in terms.
 

doctorjj

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There's no real contract to be breached. There's no consideration, as in we don't pay YouTube in return for their services. There's a terms of service or licensing agreement, but not a contract in the sense that it can be breached and damages demonstrated..
There are protections they claim under Section 230 however and if they claim those protections the. They have to be careful how much they censor or they lose those protections as they become a publisher and not just a host.
 

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There are protections they claim under Section 230 however and if they claim those protections the. They have to be careful how much they censor or they lose those protections as they become a publisher and not just a host.

Right but Section 230 protections are not to be construed in a way where is implies some sort of contract between hosts (like youtube, tumblr, etc) and the users. The EULA and TOS are generally interpreted pretty widely for non-gov websites and give the sites quite broad oversight on how they wish to moderate.
 

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