Judge allows lawsuit over Kardashian-West proposal

US Immigration and Customs Enforcement Deputy Director Daniel Ragsdale, left, accompanied by US Customs and Border Protection Deputy Commissioner Thomas S. Winkowski, center, and Homeland Security Secretary Jeh Johnson speaks during a news conference at the U.S. Immigration and Customs Enforcement (ICE) headquarters in Washington, Tuesday, March 18, 2014, to discuss the results of a international operation involving an underground child pornography website.  (AP Photo/ Evan Vucci)
US Immigration and Customs Enforcement Deputy Director Daniel Ragsdale, left, accompanied by US Customs and Border Protection Deputy Commissioner Thomas S. Winkowski, center, and Homeland Security Secretary Jeh Johnson speaks during a news conference at the U.S. Immigration and Customs Enforcement (ICE) headquarters in Washington, Tuesday, March 18, 2014, to discuss the results of a international operation involving an underground child pornography website. (AP Photo/ Evan Vucci)

LOS ANGELES (AP) — A judge has refused to dismiss a lawsuit filed by Kim Kardashian and Kanye West against the co-founder of YouTube over the posting of footage of their marriage proposal on another website.

Superior Court Judge Ruth Ann Kwan on Tuesday rejected a dismissal motion that contended the suit violated the free speech rights of tech entrepreneur Chad Hurley.

Kardashian and West sued Hurley in October after he posted the footage on his new video-sharing site MixBit.

Hurley said the suit should be dismissed because he posted the video after seeing other online photos and congratulatory notes from celebrities.

The couple’s lawyers, however, say Hurley signed a confidentiality agreement saying he would not post video or images of the lavish engagement at San Francisco’s AT&T Park last year.

The proposal was filmed for Kardashian’s reality show.

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