Facts

Marshall Daniels filed an action against Alphabet, Inc., Google, LLC, and YouTube, LLC.

Daniels had a YouTube channel on which he posted videos concerning issues of politics, race, public health, spirituality, and economics. YouTube took down at least two of Daniels' videos for violating YouTube's Community Guidelines and its policy on harassment and bullying.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendants had violated his First Amendment rights and asserted several other state-law claims. Plaintiff's breach of contract claim asserted that defendants promised to pay him monies he earned from SuperChat donations but breached that promise by withholding the SuperChat revenues that were due and owing to him at the time that YouTube demonetized him and disabled his SuperChat function. Plaintiff contended that YouTube retained monies that plaintiff's followers donated to him through the YouTube platform's SuperChat function, which allowed any third parties to donate monies to content creators such as plaintiff during a live stream. Plaintiff contended that Google represented to its users that SuperChat and SuperStickers were ways to monetize a user's channel through the YouTube Partner Program. Plaintiff asserted that SuperChat revenue was separate and apart from YouTube Partner advertising revenue. Plaintiff argued that defendants' SuperChat policies were incorporated into or governed by YouTube's Terms of Service.

DEFENDANTS' CONTENTIONS: Defendants denied all contentions and argued, among other things, that the Terms of Service did not contain any provisions regarding the SuperChat function.

Result

Defendants' motion to dismiss was granted.