Kim and Kanye’s lawsuit against YouTube co-founder Chad Hurley got the go-ahead from California Superior Court Judge Ruth Ann Kwan this week. You may recall that KimYe slapped Hurley with a strongly worded lawsuit in November after he posted footage of West’s marriage proposal to Kardashian on his video-sharing website MixBit.

Turns out, Hurley signed a confidentiality agreement, which Kim and Kanye claim precluded him from posting the video. Hurley has since filed an anti-SLAPP motion (a special motion to strike a complaint filed against you based on an “act in furtherance of [your] right of petition or free speech under the United States or California Constitution in connection with a public issue”). And for the legally-minded among us, Hurley also claims that the confidentially agreement he signed is not legally binding as it lacks consideration. His reasoning: Appearing on the family’s reality TV show does not constitute a benefit.

But Judge Kwan isn’t buying Hurley’s defense. On Tuesday, she held that the Kim and Kanye’s lawsuit does not violate Hurley’s free speech rights and thus, it will proceed. According to a statement from Hurley’s lawyer: “We still believe Mr. Hurley’s conduct should be protected by the First Amendment free speech rights. We do not believe the celebrity release agreement should preclude him from posting the video he posted.”