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>>11826304
NATURE OF THE CASE
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Brief Overview of Plaintiffs and Their Channels: The fifteen Plaintiffs are
journalists, videographers, advocates, commentators and other individuals who regularly exercise
their right to free speech under the First Amendment of the Constitution of the United States.
Plaintiffs have created seventeen individual news channels and published those channels on the
YouTube platform. Plaintiffs’ channels were categorized on YouTube as “News” or “News and
Politics.” Plaintiffs’ commentaries, channels and videos have had an enormous audience reach
both in the United States and throughout the world. On October 15, 2020, Plaintiffs’ reach was so
widespread that they collectively had more than 4.5 million subscribers to their channels and had
attracted more than 771 million views. Taken together, these subscriber counts far exceed the
individual viewership of the YouTube accounts maintained by legacy cable, journalism, and news
networks such as C-SPAN (806K subscribers), The New York Times (3.21M subscribers), Fox
News (6.52M subscribers), MSNBC (3.62M subscribers), NBC News (4.1M), and CBS News
(3.06M subscribers). Although it is clear that millions of Americans get their news, information
and commentary on issues of national importance from the Plaintiffs’ conservative channels,
YouTube excised them and their political viewpoints off the YouTube platform without notice,
just days 19 before the 2020 Presidential Election.
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YouTube is Becoming More Important than Television. YouTube is a popular
online service for sharing videos and related content. YouTube’s domain, www.youtube.com,
was activated on February 14, 2002. The first YouTube video was published on April 23, 2005.
On October 9, 2006, Google purchased YouTube for $1.65 billion. By May 2010, YouTube
served more than 2 billion views each day. By March 2013, YouTube was seeing 1 billion
monthly active users. According to statistics published by Brandwatch, a leading social
intelligence company, 6 out of 10 people prefer online video platforms to live TV, and it is
predicted that by 2025, half of the population under the age of 32 will not subscribe to a pay-TV
service. YouTube is the world’s second-largest search engine and the world’s second most-visited
site (after Google). YouTube, which has 1.9 billion users, is the second most popular social media
platform in the United States and the world. Quoting from the Pew Research Center study,
Brandwatch reports that one in five YouTube users say that YouTube is very important to
“understanding things happening in the world.” See https://www.brandwatch.com/blog/youtubestats/.
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Many Americans Get Their News from Independent YouTube Channels.
According to the Pew Research Center, a nonpartisan think tank based in Washington, D.C. that
provides information about social issues, public opinion and demographic trends shaping the
United States and the world, legacy and independent media are thriving side by side, and
established news organizations no longer have full control over the news Americans watch. Most
YouTube news consumers view both legacy and independent news videos on the platform. An
extensive survey conducted by the Pew Research Center confirms that independent news channels
occupy a prominent position in YouTube’s media ecosystem. The 377 most popular YouTube
channels represent a mixture of established news organizations (49%) and independent channels
(42%). See Stocking, Gale et al., “Many Americans Get News on YouTube, Where News
Organizations and Independent Producers Thrive Side by Side,” Pew Research Center, Sept. 28,
2020, https://www.journalism.org/2020/09/28/many-americans-get-news-on-youtube-wherenews-organizations-and-independent-producers-thrive-side-by-side/.
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YouTube Partners with Content Creators, Allowing Them to Create Channels and
Publish Content Such as News Channels Pursuant to Their Terms of Service. To create a channel
and post videos, Plaintiffs and YouTube agree that their relationship will be governed by
YouTube’s published Terms of Service (“TOS”) and their incorporated Community Guidelines.
The TOS provide, inter alia, that “YouTube is under no obligation to host or serve Content.”
However, once YouTube actually hosts the content, YouTube and the creator agree to be bound
by the TOS. When the creator publishes content on YouTube, the terms of the TOS dictate the
procedure for content removal and/or account termination. The relevant ground rules are as
follows: