First Amendment

Google wins SLAPP motion, has constitutional right to list search results as it wishes

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Unhappy about search-engine results that put its website way down in the list of results, the owner of CoastNews sued Google, alleging antitrust law issues and seeking some $5 million in damages.

But the search-engine Goliath not only prevailed but did so in a motion to dismiss under California’s SLAPP law. That could potentially put Google in a position to claim attorney fees for having to defend a strategic lawsuit against public participation, according to the Law & Disorder blog of Ars Technica and Techspot.

Google has a First Amendment right to order its search results as it wishes, a San Francisco Superior Court judge ruled last week as he dismissed (PDF) the complaint with prejudice.

Related coverage:

ABAJournal.com: “Law Prof Volokh Argues Google Has a Free Speech Right to Determine Search Results”

See also:

Reuters: “First Amendment protects Internet search results: N.Y. judge”

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