Update. The controlling legal precedent seems to be the following quote from the Supreme Court Decision:
“To determine whether an actor’s conduct possesses “sufficient communicative elements to bring the First Amendment into play,” the Supreme Court has asked whether “[a]n intent to convey a particularized message was present and [whether] the likelihood was great that the message would be understood by those who viewed it.””
Texas v. Johnson, 491 U.S. 397, 404 (1989) (quoting Spence v. Washington, 418 U.S. 405, 410-11 (1974) (per curiam)).
When Google eliminates climate realist or conservative websites from its top search results, the “message” is certainly not understood by those who view it. Further, this is the main purpose of this conduct – to suppress speech without other people understanding that. Google also flatly denies that it conveys any message in its search results. It claims impartiality and attempts to provide “the most useful and relevant” search results. Thus, intentional distortion of the search results by Google does not even bring the First Amendment into play. It is really fraud, not speech.
Google Search is a commercial service that Google provides to its users. Google must provide this service in good faith and in accordance with other applicable laws. Google search is service, not “speech.” Continue reading Google Search Fraud