If YouTube's algorithm is deciding what to show me, then I (as the user) am asking for YouTube's opinion.
So I think that there is a coherent argument that YouTube 's recommendation algorithm is expressing an opinion, and is therefore YouTube 's content.
Would it have 1st amendment protection though?
To me it seems like a platform could easily skirt this by having users opt in to recommendations (and maybe even choose a sorting criteria option) at signup.
>Would it have 1st amendment protection though?
The 1st amendment only protects against government censorship, not private lawsuits for existing causes of action (e.g., defamation). It would be individuals (like the Gonzalez family) suing YT in a world where the recommendations were deemed to be YT's own content.
> To me it seems like a platform could easily skirt this by having users opt in to recommendations (and maybe even choose a sorting criteria option) at signup.
How does opting in make any difference, for this particular point?