Ars Technicasmearing publishers, sketchy business practices
The Ohio Court of Appeals affirmed that Google Search does not qualify as a common carrier under state common law in State ex rel. Yost v. Google, LLC. A German court separately issued a preliminary ruling holding Google liable for false statements in AI Overviews that linked two publishers to scams. The cases involve distinct legal questions and jurisdictions.
The Ohio ruling preserves Google’s flexibility to demote harmful content while highlighting risks that dominant platforms can exclude smaller publishers and marginalized voices.
“Need for targeted regulation over broad common-carrier mandates”
Conservative
The decision rejects efforts to impose nondiscrimination rules that could counter alleged bias against right-of-center content but leaves concentrated platform power unaddressed.
“Property rights versus gatekeeper accountability”
Libertarian
The court correctly treated Google as a private actor free to exercise editorial control, limiting state overreach while noting that market competition and reputation can address errors.
“Voluntary exchange and rejection of compelled access”
Devil's Advocate
All three views accept unexamined assumptions about the cases’ scope, overlook the lack of evidence on Google’s historical “holding out” as a neutral service, and treat the unrelated German ruling as relevant color.
“Narrow doctrinal question of common-law categories versus broader policy assertions”