Case 5:17-cv-06064-LHK Document 54 Filed 03/26/18 Page 2 of 27
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amend Defendants’ motion to dismiss Plaintiff’s federal causes of action, DISMISSES with leave
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to amend Plaintiff’s state law causes of action, and DENIES without prejudice Plaintiff’s motion
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for a preliminary injunction.
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I.
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United States District Court
Northern District of California
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BACKGROUND
A. Factual Background
Plaintiff is “an educational 501(c)(3) nonprofit company” with its principal place of
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business in Los Angeles County, California. ECF No. 1 (“Compl.”) ¶ 17. Plaintiff states that its
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“mission” is to “provide conservative viewpoints and perspectives on public issues that it believes
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are often overlooked or ignored.” Id. ¶ 33. As part of its mission, Plaintiff creates short
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educational videos, the content of which “espouses viewpoints and perspectives based on
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conservative values.” Id. ¶ 34. Despite its name, Plaintiff “is not an academic institution and does
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not offer certifications or diplomas.” Id.
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Defendant YouTube is a “for profit limited liability corporation” that is “wholly owned
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by” Defendant Google, a “for profit, public corporation.” Id. ¶¶ 18–19. Both Defendants are
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“organized under the laws of the State of Delaware,” and have their principal place of business in
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Mountain View, California. Id. YouTube is the “largest video-sharing website in the world.” Id.
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¶ 36. YouTube “allows users to upload, view, rate, share, add to favorites, report, [and] comment
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on videos.” Id.
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Plaintiff states that Defendants “hold YouTube out to the public as a forum intended to
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defend and protect free speech where members of the general public may speak, express, and
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exchange their ideas.” Id. ¶ 3. Specifically, Plaintiff points to Defendants’ representations that
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“voices matter” and that YouTube is “committed to fostering a community where everyone’s
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voice can be heard.” Id. Plaintiff further identifies statements made by YouTube in its “Official
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Blog” that (1) YouTube’s “mission” is to “give people a voice” in a “place to express yourself”
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and in a “community where everyone’s voice can be heard”; and (2) YouTube is “one of the
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largest and most diverse collections of self-expression in history” that gives “people opportunities
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Case No. 17-CV-06064-LHK
ORDER GRANTING DEFENDANTS��� MOTION TO DISMISS PLAINTIFF’S FEDERAL CAUSES OF ACTION;
DISMISSING PLAINTIFF’S STATE LAW CAUSES OF ACTION; AND DENYING PLAINTIFF’S MOTION FOR
A PRELIMINARY INJUNCTION