Armenta & Sol files EMERGENCY INJUNCTION AGAINST @YOUTUBE to stop the purge.
This lawsuit was crowdfunded by YOU, through http://punchgoogle.com
@X22Report
@SGTreport
@JustInformU
@99freemind
@Redpill78
@westall_sarahw
@intheMatrixxx
https://twitter.com/Perpetualmaniac/status/1320773257461714944
SAN DIEGO, CALIFORNIA – On October 26, 2020, fifteen YouTube content creators filed a federal
lawsuit against Google and YouTube, alleging in seventeen claims for relief, that Google and YouTube
breached the Terms of Service and violated their First Amendment rights, when they summarily de‐
platformed the Plaintiffs’ channels and removed their content from YouTube without advance notice.
'''The Plaintiffs are the creators of YouTube channels, including: JustInformed Talk, SGT Report,
X22 Report, SpaceShot 76, TruReporting, RedPill78, Edge of Wonder, Praying Medic, Amazing Polly,
Woke Societies, Daniel Lee, Deception Byes, InTheMatrixxx, Destroying the Illusion and Sarah Westall.'''
Together, their news and social commentary channels have reached more than 800 million views and
together they had more YouTube subscribers than many legacy news channels, such as C‐SPAN, The
New York Times, and NBC News. Plaintiffs cite a recent study by the Pew Research Center that concludes
that many Americans get their news from independent YouTube channels along the same metrics as
legacy or traditional news sources.
YouTube and Google are expected to defend the case and claim that Section 230 of the
Communications Decency Act provides them immunity for the actions they took against conservative
commentators, just 19 days before the November 3 Presidential Election. '''However, the Ninth Circuit
has recently issued an opinion, retreating from the broad interpretation of the immunity''' that social
media has used for years to defend lawsuits from its contract partners and users. The Section 230
immunities were provided by Congress as a means to give internet providers an ability to remove
content that was considered “obscene, lewd, lascivious, filthy, excessively violent, harassing, or
otherwise objectionable.” Enigma Software Group USA LLC. V. Malwarebytes, Inc., No. 17‐17351
(Opinion filed September 12, 2019). The Ninth Circuit Court of Appeals found persuasive the notion
that the “unbounded reading” of Section 230 previously employed by social media giants such as
YouTube would allow a content provider to “block content for anticompetitive purposes or merely at its
malicious whim.”
The Plaintiffs allege that YouTube removed their channels without giving them notice or without
cause under the Terms of Service that YouTube itself drafted and imposed on the Plaintiffs. The
Plaintiffs allege that YouTube also violated the First Amendment rights of the Plaintiffs, and the public
they serve through their social commentary, news and information channels. '''Although many courts
have rejected the notion that YouTube is subject to the First Amendment, concluding that YouTube is a
private party, the Complaint alleges that YouTube acted at the behest, was encouraged by and coerced
by Congress, Speaker of the House Nancy Pelosi and Representative Adam Schiff'''. The Plaintiffs attach
to the Complaint letters that Representative Schiff published on Congressional letterhead that urged
that content be removed and replaced. The Plaintiffs also reference the House’s recent action by the
House, in passing House Resolution 1154, which condemned certain content and specifically mentioned
social media. In direct response to Representative Schiff’s published letter demanding censorship,
'''YouTube Chief Executive Officer Susan Wojcicki responded by Tweet: “Thanks for reaching out, we’re
working every day to protect people from misinformation and help them find authoritative information.
We appreciate your partnership and will continue to consult with Members of Congress as we address
the evolving issues around #COVID19.”''' The Plaintiffs allege that under Supreme Court precedent, if a
private party acts when it is encouraged or coerced by the government or its agents, then the state
action theory applies and the First Amendment rights should be protected, particularly from viewpoint
discrimination.
This lawsuit follows the filing of a massive antitrust action against Google by the Department of
Justice and eleven states.
The “state action” theory was previously raised in by Armenta & Sol, on behalf of an African‐
American conservative commentator, Young Pharaoh, in July 2020 also against Google and YouTube.
Although the Defendants in that case filed a Motion to Dismiss and oral argument was held, Magistrate
Judge Virginia DeMarchi has not yet issued a decision.
The lawsuit will be served on Google and YouTube today.