blican National Committee Targets Google Censorship in Lawsuit //

After years of targeted censorship, The Republican National Committee sued Google over bulk-labeling millions of RNC campaign emails to its supporters and donors as spam during “pivotal point in election cycles”

The lawsuit was filed in California federal court, where Google’s corporate headquarters is located. It seeks an injunction requiring Google to stop its “en masse,” or “egregious filtering” and asking for “actual and statutory damages” as well as attorneys’ fees.

Political parties and campaigns have become more dependent on email services like Gmail. The midterm elections are over soon, but the 2024 presidential election cycle begins shortly after. This decision could have a significant impact on the conduct and outcome of the next presidential race.

The RNC claims that Google discriminates against Republicans by using its Spam Filter Algorithm, which reduces the visibility of RNC emails and labels RNC emails as spam to individuals who have requested to be included on the RNC email communications list.

According to the complaint, Google targeted the RNC’s fundraising efforts, resulting in the loss of more than $2B in donations since 2019.

The lawsuit also claims that Google targeted its emails to “communicat[e]] political messaging, and important Get-Out the-Vote information.”

Emails are a “crucial channel” for the RNC to engage in “its core mission of conducting electoral activity,” something that is undeniably true for all political parties, party organizations, and not just the RNC.

North Carolina State University published an earlier study that found that emails from Republican candidates for office were marked spam at a rate of 820% higher then the emails of their Democratic counterparts. This significantly disadvantages Republican candidates.

This study, as argued by RNC, proves that Google’s Spam Filter Algorithm is intentionally censoring Republicans.

Google has “fallen silent” instead of ending the censorship against Republican candidates, according to the complaint. Instead of urging the RNC, it is urging them to join its Verified Sender Program , which would impose more stringent rules on RNC email that won’t resolve the problem of censorship.

The RNC also claims that Google discriminated against its email filters in February as the 2022 election cycle began.

The lawsuit provides interesting historical context for the alleged violations. It emphasizes that, while the internet/email communications are technological advances, the principle at issue and the issue of a private company having market-dominant control over important communications is not new.

The complaint points out that in mid-1800s, telegrams and a newly developed telegraph system were the equivalent to email communications today. Western Union, just like Google today, had a dominant market share in the country.

The complaint claims that Google controls 53% the country’s email traffic.

Citing NetChoice LLC in Paxton, this is a case from the 5 ^th U.S. Circuit Court of Appeals. The complaint states that legislators became concerned about “the possibility” that private entities that controlled this “amazing new technology” of instant communications via the telegraph system, “would use that power in order to manipulate the flow of the information to the public when doing it served their economic and political self-interest.”

Western Union “repeatedly discriminated against” certain telegram senders on the basis of their political views and affiliations. They also influenced the “reporting political elections in an attempt to promote the election candidates” preferred by the directors.

Many states have laws that prohibit discrimination in telegraph services. California is one of them. The RNC claims that Google is a “common carriers” under the state’s law, which requires communication companies to deliver messages “without preference in price, time, or other.”

Further, the complaint alleges that Google violates a California civil rights statute that guarantees equal treatment for all business establishments. Exclusionary policies that are based on “political alignment” are illegal discrimination.

The RNC also asserts violations of California’s unfair business practice statute and tort claims for negligent and intentional interference with future economic relations.

The RNC also claims that Google’s discriminatory actions against women violate the federal Telecommunications Act (47 U.S.C. SS 202. The RNC acknowledges the fact that Google is not currently classified by the Federal Communications Commission as a “common carriers” under the law. Several court decisions have upheld that decision as reasonable. The RNC claims it is keeping “the issue for further review and intervening Supreme Court authority.”

This case is important because it raises a critical issue that the courts and Congress should address. If private companies control or almost monopolize communications used for public purposes, as Western Union did during the 19 century, are they prohibited from discrimination and selective censorship and filtering according to the political views, opinions and interests of their directors? Or should they be treated as other private entities, over which the government has no regulatory power?

Google has used its internet-browsing and email dominance to restrict speech online. The outcome of this case will not affect the transparency of Google’s content censorship and moderation policies. We would not accept a telecommunications company blocking phone calls or the Postal Service redirecting politically-oriented mail. Private email communications should be protected and treated with the same respect as other communications.

This case will have a major impact on the future of digital communications. We shouldn’t rely on the courts for Big Tech accountability. Lawmakers should prioritise legislation that requires greater transparency to prevent Big Tech from monopolizing and controlling this critical infrastructure.

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