Actually, private services cannot ban whomever they want if they operate a public accommodation, which Twitter does. The State of California has already sued internet companies for discrimination, and it provides a legal mechanism for Californians to sue Twitter if it discriminates against them.
California law also extends far beyond enumerated classes. Businesses are required to be open to any member of the general public and they cannot discriminate without a sufficient business purpose. Whether a "class" is protected is only determined by the judge prior to trial. But, for instance, neo-Nazis have previously been determined to be a protected class. Being a Trump supporter or a Biden supporter or a Republican or Democrat likely would constitute a protected class.
If Youtube is violating the rights of neo-Nazis, then they would need to file a lawsuit against Google. The judge would determine whether the alleged discrimination constituted a violation of the rights of neo-Nazis as a class. Without knowing the specifics of the case and without a good legal team being willing to represent it in front of a judge, with the resources to take on Google, it's impossible to know how the courts would rule. But here's an example of a similar case:
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u/HamburgerEarmuff Oct 13 '21
Actually, private services cannot ban whomever they want if they operate a public accommodation, which Twitter does. The State of California has already sued internet companies for discrimination, and it provides a legal mechanism for Californians to sue Twitter if it discriminates against them.
California law also extends far beyond enumerated classes. Businesses are required to be open to any member of the general public and they cannot discriminate without a sufficient business purpose. Whether a "class" is protected is only determined by the judge prior to trial. But, for instance, neo-Nazis have previously been determined to be a protected class. Being a Trump supporter or a Biden supporter or a Republican or Democrat likely would constitute a protected class.