A 9th circuit judge (inarguably a left leaning court) has stated in a lawsuit involving Google (YouTube) and PragerU (far from alt-right), that claiming YouTube acts in a neutral way is "puffery" (yes that's a legal term).
No they didn't. The judge wrote that YouTube's marketing statements about hosting a diversity of videos and "giving people a voice" can't be used by the plaintiff to bring a false advertising claim when youtube takes down a video.
The judgement is saying that statements that are obviously "puffery" can't be used as the basis for false advertising, not that claiming YouTube "acts in a neutral way" is inherently "puffery":
> None of the statements about YouTube’s viewpoint neutrality identified by Plaintiff resembles the kinds of “quantifiable” statements about the “specific or absolute characteristics of a product” that are actionable under the Lanham Act. Newcal Indus., 513 F.3d at 1053. Rather, the statements are vague representations about how YouTube is generally “committed to fostering a community where everyone’s voice can be heard” and providing “opportunities” for people from all over to share their diverse “point[s] of view.” Compl. ¶¶ 3, 28.
> The statements do not say anything specific about YouTube’s “mission” to “give people a voice,” and make no concrete and measurable guarantees or representations about the “opportunities” made available for people to express themselves “no matter where they are from or what their age or point of view.” Id. ¶ 28.
> As a result, the Court concludes that these statements are neither “[]likely to induce consumer reliance,” Newcal Indus., 513 F.3d at 1053, nor “capable of being proved false,” Coastal Abstract, 173 F.3d at 731, and are therefore non-actionable puffery under the Lanham Act.
Just so you know :)
It also does, since I was providing the content of the lawsuit that he happened to fail to mention.
The court could have made the same statement without Prager filing the suit and it would still be accurate. The context doesn’t change the fact of the statement. So again, your providing context does not change or challenge peterhandlaw’s point r.e. Puffery.
So to conclude, your context / commentary, although appreciated, does not change my statement.