The United States Court of Appeal for the Ninth Circuit upheld the district court’s dismissal of Prager University’s (“PragerU”) federal causes of action against YouTube and its parent company, Google, LLC, for allegedly censoring their video content uploaded to the site. PragerU, a nonprofit educational and media organization, claimed that, by classifying some of their videos as “Restricted Content”, YouTube was attempting to silence “conservative viewpoints and perspectives on public issues.” [p. 5] As such, PragerU alleged that there had been a violation of the First Amendment and false advertising under the Lanham Act, 15 U.S.C. § 1125(a)(1)(B), as well as several state law claims. The District Court for the Northern District of California denied PragerU’s motion for preliminary injunction to compel YouTube to declassify the restricted videos. PragerU subsequently filed to amend the two federal claims. The Court of Appeal held that, despite YouTube’s popularity among the public, it is a private forum not subject to the First Amendment. Regarding the second claim, false advertising under the Lanham Act, the Court held that YouTube’s statements concerning their content moderation policies do not amount to “commercial advertising or promotion”, as required by the Act. Furthermore, YouTube’s allocation of some of PragerU’s videos under Restricted Mode did not amount to an advertisement, promotion or misrepresentation of the videos. Finally, the Court reasoned that YouTube’s “braggadocio” regarding their commitment to free speech was an opinion not subject to the Lanham Act.