When the Greater Los Angeles Agency on Deafness (GLAD) filed suit against CNN over the news network’s lack of close-captioning of online videos, the cable channel responded with an anti-SLAPP motion. Very broadly, CNN argued, all of its activities – right down to the decision not to caption website videos – are protected by the First Amendment.

Per a THR Hollywood, Esq. report by Eriq Gardner, CNN’s motion to dismiss the lawsuit has been denied. Oakland United States Magistrate judge Lauren Beeler ruled on March 23 that GLAD will have its day in court:

CNN also made the argument that not providing closed-captioning was an issue of editorial control because the news organization should have the right to reject something that didn’t satisfy its editorial standards, including technology that could result in inaccuracies.

And the company worried about the expense… Increased costs for closed-captioning might mean fewer videos being posted, so the defendant wondered how its choice was not in the furtherance of its free speech rights.

Gardner has the full text of Beeler’s decision. For First Amendment aficionados, it’s well worth perusing.