Tech

Justice Launches Gabbard Lawsuit Against Google

Federal judge threw Democratic presidential candidate on Wednesday Tulsi GabbardTulsi Gabbard MSNBC Brian Williams: Bloomberg "Don't Have The Night He Thought He Paid For" Gabbard Attacks Warren As "False Native American Woman Of Color" Gabbard Claims First Primary Race Delegates PLUSGoogle's lawsuit against Google, dismissing the Hawaiian woman's claims that the tech giant censored her rights to freedom of expression by briefly suspending her presidential campaign announcements.

Judge Stephen Wilsonshot denied Gabbard's main arguments, making it clear that Google is not the government and therefore cannot be held responsible for the violation of its rights under the First Amendment.

The essential allegation of the Gabbard campaign is that Google violated the rights of the first amendment (of its campaign) by temporarily suspending its verified political advertising account for several hours soon after a primary Democratic debate, Wilson wrote in a dossier published Tuesday.

He added that his claim "faces two insurmountable barriers head-on to the First Amendment and Supreme Court case law", citing a recent ruling that Google is legally authorized to censor all content on its services, including YouTube.

Gabbard, a longtime presidential candidate known for defeating her own party, sued Google in the United States in July. The central California district court, alleging that the tech had censored his presidential campaign by suspending the advertising account for several hours after a Democratic debate. Google refuted its claims, attributing the brief suspension to a technical malfunction.

The Gabbard trial marked the first time that a presidential candidate has sued a large tech company for such allegations.

The lawsuit reflected a story generally adopted by Republicans, many of whom have spent years claiming that tech companies regularly censor their prospects.President Trumphas long accused companies of discrimination against him and other GOP figures.

Few Democrats supported the accusations, masquerading them as a conservative argument for discussion and pointing out that there is little evidence beyond individual anecdotes to substantiate the claims.

On Wednesday, Wilson proposed a sweeping decision that dismissed all arguments that equate Google with a state actor.

"Google is not now, nor (to the knowledge of the courts) has ever been, an arm of the United States government," Wilson wrote.

"What (Gabbard's campaign) fails to establish is how Google's regulation of its own platform is somehow equivalent to government regulation of an election," wrote Wilson. Gabbard's campaign had attempted to argue that Google should be bound by the First Amendment because it operates similarly to a government entity.

"Google does not hold primaries, it does not select candidates and that doesn’t prevent anyone from running for office or voting in elections," Wilson wrote. "To the extent that Google" regulates "anything, it regulates its own private speech and platform."

The move follows a similar opinion issued in California earlier this week that Google's YouTube has removed all content from its popular platform.

Gabbard's campaign did not immediately respond to The Hill's request for comment.

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