> I hope Prager appeals, this could easily reach the SC and potentially be an even more influential case than Marsh.

Or as pointed out in the article, probably not:

> Appeals court judges were not convinced. They pointed to a Supreme Court case[1] from last year in which plaintiffs unsuccessfully "tested a theory that resembled PragerU's approach, claiming that a private entity becomes a state actor through its 'operation' of the private property as 'a public forum for speech.'" The case involved public access channels on a cable TV system.

[1] https://www.scotusblog.com/case-files/cases/manhattan-commun...

"Manhattan Community Access Corp" doesn't seem to have the same market power as Google/Youtube. I still think this will be a novel SC case.

Interestingly Manhattan Community Access Corp is definitely in some regards closer to a state actor, being authorized by NYC to operate.

It's true they would have a more favorable shot in the SC than in the 9th circuit.

One of the judges on the panel was Jay Bybee. You might know him from signing the Torture Memos authored by John Yoo.

If they can't convince that level of hack, they don't have a chance in the SC.