Fighting back: CL Sues South Carolina Attorney General

(as usual, Jim speaks well for craigslist, here're a few excerpts)

craigslist has filed suit against SC AG Henry McMaster in federal court in South Carolina, seeking declaratory relief and a restraining order with respect to criminal charges he has repeatedly threatened against craigslist and its executives.

In addition to being unwarranted by the facts, legal experts agree that the charges threatened represent an unconstitutional prior restraint on free speech, and are clearly barred by federal law (sec 230 CDA).

Interestingly, if you read Mr McMaster’s ultimatum carefully, you’ll note that the only way to definitively comply with it is to take down the craigslist sites for South Carolina in their entirety. The open architecture of craigslist, quintessential to the value it provides for users, simply does not allow for the absolute prevention of solicitation or pornography, with respect to any of its categories and functions.

Usage of craigslist in South Carolina has exploded over the last two years, with some cities experiencing 2000% growth.

Mr McMaster has persisted with his threats despite the fact that craigslist:

• is operating in full compliance with all applicable laws
• has earned a reputation for being unusually responsive to requests from law enforcement
• has eliminated its “erotic services” category for all US cities
• has adopted screening measures far stricter than those Mr McMaster himself personally endorsed with his signature just 6 months ago
• has far fewer and far tamer adult service ads than many mainstream print and online venues operating in South  Carolina
• has made its representatives available to hear Mr McMaster’s concerns in person
• has politely asked Mr McMaster to retract and apologize for his unreasonable threats

Comments

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I hope the attorney general has a lawyer himself... lol...

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[Renee]

I would imagine CL makes working in the sex industry safer and is thus in the public interest (putting Christian morals aside). No more pimps and standing on street corners.

Any time someone goes to a stranger's house - whether for sex, or to look at a used couch - they're taking a chance. At least with CL there is a trail to follow.

When will "conservatives" get that calling for smaller government while trying to legislate the personal morality of others is hypocrisy at it worst.

[Nancy]

CL 1 - SC State Attorney 0

According to today's Washington Post, at http://www.washingtonpost.com/wp-dyn/content/article/2009/05/20/AR2009052003064.html?wpisrc=newsletter&wpisrc=newsletter,

"Our readers agree that, if pressed, they'd choose Craigslist over South Carolina. But what's most interesting is that the conservative residents of South Carolina agree - McMaster is a jerk.

"So pop the champagne bottles, another bad guy was disgraced today."

And the people have spoken. Don't you just love it?

Nancy

[Nancy]

Since a certain Democratic president has been elected, it seems that free enterprise is being affected greatly starting with the firing of the CEO of GM to nationalizing banks. I see this as a ripple effect onto Craigslist and just wonder when it will ripple on down to the small business level. Thanks for taking up the fight and making a stand. I think CL is much more ethically and socially responsible than MySpace who has finally started checking for child predators on their site. I say thank you, CL, for standing up for free enterprise as well as doing the morally correct thing. Besides, you don't build a business being a pantywaste with no ethics or values. Let the crybabies go peddle their porn somewhere else.