Judge rules Kim Kardashian, Kanye West can proceed with lawsuit against YouTube co-founder Chad Hurley for leaked proposal video

A judge has ruled Kim Kardashian and Kanye West’s lawsuit against the co-founder of YouTube, Chad Hurley, can proceed because it doesn’t violate his right to free speech.

The couple are suing Hurley for posting footage of their engagement on his video-sharing website MixBit back in October. Hurley posted the 2 ½-minute video despite signing a confidentiality agreement before the lavish proposal at San Francisco’s AT&T Park.

Hurley actually violated the rights of E! Entertainment Television, who had exclusive rights to the footage for the family’s reality show Keeping Up with the Kardashians, AP reports.

Hurley was not personally invited to the event, he accompanied another guest who had been invited. He claimed after posting it that he thought he was able to after seeing photos surface of the proposal on the internet.

“We still believe Mr. Hurley’s conduct should be protected by the First Amendment free speech rights,” said his attorney, Rodger Cole. “We do not believe the celebrity release agreement should preclude him from posting the video he posted.”

The Hunstville Times reports a trial for the case is scheduled for Nov. 17 after the judge ruled he couldn’t dismiss the lawsuit on his constitutional rights.

image courtesy of NBC

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