There has been some litigation about whether YouTube is a public forum and whether its users are entitled to free speech protection.
Prager University sued Google (YouTube's parent) because YouTube had restricted some of Prager's videos. Specifically, YouTube put some videos in "Restricted Mode" and barred advertising on those videos.
Prager argued that YouTube is effectively a "public forum" and cannot restrict free speech. Prager sued in both federal court and state court, invoking both federal and state law.
Prager's federal lawsuit was dismissed by the federal district court. The federal Court of Appeals affirmed last February. The Court of Appeals explained that the YouTube platform is not a public forum and that YouTube's moderation of the forum is not the equivalent of government action. Prager's videos therefore were not protected to the First Amendment, which protects only against the government. From the opinion:
"PragerU runs headfirst into two insurmountable barriers—the First Amendment and Supreme Court precedent. Just last year, the Court held that “merely hosting speech by others is not a traditional, exclusive public function and does not alone transform private entities into state actors subject to First Amendment constraints.” Manhattan Cmty. Access Corp. v. Halleck, 139 S.Ct. 1921, 1930 (2019). The Internet does not alter this state action requirement of the First Amendment."
http://cdn.ca9.uscourts.gov/datastore/op...-15712.pdf
Prager's lawsuit in state court was dismissed by the California Superior Court last November. An appeal is pending. The Superior Court recognized that under California law, as explained in the Robins v. Pruneyard case, private property can sometimes take on the characteristics of a public forum for free speech. This principle of California law provides broader free speech protection than federal law does. However, the court held that YouTube's Restricted Mode designation and ban on advertising do not raise "public forum" concerns, and that there is no public right of access to be treated favorably with respect to these features.
The case did not involve action by YouTube to completely delete videos, so the Superior Court did not need to rule on whether deletion would deny access to a public forum under California law. However, the court expressed doubt about whether the Robins v. Pruneyard case's rationale could be applied to declare a site like YouTube a "public forum." From the opinion:
"Defendants correctly urge that even to recognize the core YouTube platform as a public forum would be a dramatic expansion of Robins. As one federal court observed, "[t]he analogy between a shopping mall and the Internet is imperfect, and there are a host of potential 'slippery slope' problems that are likely to surface were [Robins] to apply to the Internet." (hiQ Labs, Inc. v. LinkedIn Corporation (N.D. Cal. 2017) 273 F.Supp.3d 1099, 1116 [observing that "[n]o court has expressly extended [Robins] to the Internet generally"]."
https://digitalcommons.law.scu.edu/cgi/v...historical
[Edit -- I just realized that this post is off-topic with respect to Covid-19. However, I don't think it violates the "no politics" rule. So I'm not sure whether it's suitable for this board. I'm happy to delete this if it's inappropriate.]