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published September 09, 2010
By Maria Laus, Author - LawCrossing
09/09/10
This is the latest round in an ongoing skirmish between Craigslist and the attorneys general of various states who claim that the personal ads posted on Craigslist are ads for prostitution. In the past, courts have been leery of holding online providers responsible for user created material, in fear of the dampening effect it would have on free speech. However, for the last few years, Craigslist has taken a more active role in reviewing, editing and removing ads that it believed were promoting illegal services. As a result of the active role Craigslist has taken in policing that section of its board, a court could find that the company has assumed a greater duty to screen problematic ads.
Censoring the adult services ads on Craigslist will likely not have any real effect on prostitution or other illegal activities. The personals section on Craigslist can be used just as easily to post ads for the illegal sex trade, and even if that were shut down there are literally thousands of web pages set up specifically for casual sexual encounters that can be used by prostitutes and scammers alike. By forcing the shutdown of the Craigslist section, all that will be accomplished is that sexual criminals will go further underground and be harder to find, while legitimate, if shady, adult services are denied a popular venue for advertising their services.
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