Judge Rules Google Can Block Ads

WILMINGTON, Del. — In a ruling that could have far-reaching affects for online advertisers, a federal judge has said search engine giant Google can refuse ads as it sees fit.

U.S. District Court Judge Joseph Farnan dismissed a suit filed by Christopher Langdon against Google, Yahoo and Microsoft. In the suit, Langdon claimed that all three had stifled his right to free speech by refusing to publish his ads. The ads in questions promoted several websites critical of both North Carolina politicians and the Chinese government.

“Search engines have a 1st Amendment right to reject ads as part of their protected right to speak or not,” Farnan wrote.

The ruling invoked a 1974 decision — Miami Herald vs. Tornillo — that gave newspapers the right to refuse to carry ads.

Eric Goldman, director of the Santa Clara University School of Law’s High Tech Law Institute, said the ruling would help search engines in future legal disputes over ads.

“It's an emphatic and helpful win for the search engines,” he said. “Langdon is a griper. He sought to buy ads on the major search engines to advance his gripes. As expected, the judge emphatically shut down Langdon’s lawsuit, calling some of his claims ‘specious’ and ‘frivolous.’”

Google spokesman Ricardo Reyes said the company was pleased with the ruling, adding that the decision affirms the search engine’s right to enforce its own long-standing ad policy.

In his complaint, Langdon, who represented himself, said that Google had not said which, if any, of the company’s policies his ads violated. The ruling affirmed Google’s decision not to specify precisely how Langdon’s ads failed to comply.

“This will save Google time and frustration,” said Dana Todd, president of the Search Engine Marketing Professional Organization. “They can just invoke that standard sign over the cash register: ‘We reserve the right to refuse service to anyone.’”

Media and technology attorney Jon Hart said the ruling shouldn’t be a surprise to sophisticated online advertisers, but it will ease burdens on the search engine from numerous, smaller plaintiffs around the country.

“Next time, the defendant will pull up a copy of this opinion,” Hart said. “Google is not the public square, it is a media company.”

Attorney J.D. Obenberger told XBIZ the ruling affirms what many in the online world — adult and mainstream — already know: That websites are private property.

“We’ve always known that websites, even big ones like Google, own their own pages,” Obenberger said. “Websites aren’t licensed by government, like radio or TV, and it would astound me if a court said someone had the right to force Google to carry an ad.”

To read a copy of the complaint, click here.

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Streamate Spotlights Savannah Sly as December 'Elevate' Community Partner

Streamate has selected New Moon Network founder and co-director Savannah Sly as its Elevate Community Partner for December.

LaBellaDX Launches New Site Through YourPaysitePartner

Content creator LaBellaDX has launched her new official website through YourPaysitePartner (YPP).

Clip Page Launches 'Creator Analytics' Feature

Custom content marketplace Clip Page has launched the Creator Analytics feature on its platform.

BBWXXXAdventures Relaunches Through Grooby's Blue.xxx

Paysite BBWXXXAdventures has relaunched under Grooby's new website management company Blue.xxx.

Flirt4Free Announces 'Tease the Season' Holiday Contest

Flirt4Free has announced its Tease the Season promo and model contest, which will run Dec. 21-25.The competition is led by the return of the Snowflake Contest, where models can be gifted digital snowflakes by their fans. The models who collect the most snowflakes by 11:59 a.m. on Christmas Day will win cash prizes.

SWR Data Publishes 2024 'Top Creator Platforms' Report

Adult industry market research firm SWR Data has published a report on the Top Creator Platforms of 2024.

MintStars Joins Pineapple Support as Supporter-Level Sponsor

Content platform MintStars has joined the ranks of over 60 adult businesses and organizations committing funds and resources to Pineapple Support.

Politicians Aim to Study Effects of FOSTA-SESTA on Sex Workers

In an encouraging sign for sex workers, California State Representative Ro Khanna and U.S. Senator Elizabeth Warren of Massachusetts have reintroduced the SAFE SEX Workers Study Act, which aims to study the effects of FOSTA-SESTA.

Pornhub to Shut Down Access in Florida Over Age Verification

Aylo will geoblock Pornhub across Florida starting Jan. 1, when HB 3, the state's age verification law, goes into effect.

AEBN Publishes Popular Searches by Country for October, November

AEBN has released the list of popular searches from its straight and gay theaters by country in October and November.

Show More