The judge asked whether Google has a free speech right to prioritize some sites over others in how it constructs computer formulas in its search system. “Assuming Google is saying that KinderStart’s Web site isn’t worth seeing. Why can’t they say that? That’s my question,” Fogel said.
Kinderstart is obviously grasping at straws here. If the judge rules that indeed a Google penalty equals defamation, that would set a dangerous precedent. It would take a brave judge to start interfering with what Google can and cannot do to search rankings.