Is this a violation of the 1st Amendment

[Riverwind (imported)]

Is this move by states a violation of the 1st amendment rights for Craigslist to do business under freedom of speech?

Craigslist strikes adult services under pressure

By CHRISTOPHER LEONARD, AP Business Writer Christopher Leonard, Ap Business Writer

Craigslist appears to have surrendered in a legal fight over erotic ads posted on its website, shutting down its adult services section Saturday and replacing it with a black bar that simply says "censored."

The move comes just over a week after a group of state attorneys general said there weren't enough protections against blocking potentially illegal ads promoting prostitution. It's not clear if the closure is permanent, and it appears to only affect ads in the United States.

The listings came under new scrutiny after the jailhouse suicide last month of a former student (http://news.yahoo.com/s/ap/20100905/ap_ ... t_services#) who was awaiting trial in the killing of a masseuse he met through Craigslist, a popular site that lets users post classified ads, often for free.

Craigslist's adult services section carried ads for everything from personal massages to a night's companionship, which critics say veered into prostitution.

Craigslist CEO Jim Buckmaster said in a May blog posting that the company's ads were no worse than those published by the alternative newspaper chain Village Voice Media. He cited one explicit ad which included the phrase: "anything goes $90."

Craigslist has been caught for years in a murky legal fight that centers on how much responsibility the company bears for its ads, said Jonathan Zittrain, professor of law and computer science at Harvard University (http://news.yahoo.com/s/ap/20100905/ap_ ... t_services#).

Prosecutors can argue Craigslist is an "intermediary" to the crime of prostitution, Zittrain said, but such cases are hard to prove. He said prosecutors must essentially prove that Craigslist knew an ad was a solicitation for prostitution; ads on Craigslist are typically worded more vaguely.

Nonetheless, to avoid a legal showdown, the company has tried to keep "inappropriate activity" off its site by screening ads.

It's unclear if Craigslist felt the attorneys general had a good argument, or if it simply got tired of spending time on the issue. But saying adult services were "censored" rather than just removing could be seen as a message to prosecutors, Zittrain said.

"They don't like being pushed around" Zittrain said.

Like many other online forums, Craigslist typically does not review ads before they are posted by users. But in 2008, under pressure from 40 state attorneys general, Craigslist began requiring posters to provide a working phone number (http://news.yahoo.com/s/ap/20100905/ap_ ... t_services#) and pay a fee for placing an ad in what is now the adult services section. Several months later, Craigslist adopted a manual screening process in which postings are reviewed before publishing.

U.S. courts (http://news.yahoo.com/s/ap/20100905/ap_ ... t_services#) have repeatedly ruled that online service providers such as Craigslist aren't liable for postings made by their users, but because Craigslist now reviews those ads ahead of time, an argument could be made that the site is playing a more active role in the postings.

State officials believe Craigslist is still not doing enough to stop illegal ads from appearing. The company did not comment Saturday.

Connecticut Attorney General Richard Blumenthal, one of the 17 attorneys general who pressed for the change, said in a statement that he welcomed the change and was trying to verify Craigslist's official policy going forward.

In an Aug. 24 letter, the state attorneys general said Craigslist should remove the section because it couldn't adequately block potentially illegal ads promoting prostitution and child trafficking (http://news.yahoo.com/s/ap/20100905/ap_ ... t_services#).

Authorities point to the case of 24-year-old Philip Markoff as a prime example of the dangers posed by Craigslist services. The former medical student was accused of killing a masseuse he met through the hugely popular classified

advertising site, which was founded by Craig Newmark. Markoff committed suicide in the Boston ail (http://news.yahoo.com/s/ap/20100905/ap_ ... t_services#) where he was awaiting trial.

If Craigslist has left the adult services business for good, it won't likely diminish the online market for sex acts, said Steve Jones, a professor of communication at the University of Illinois in Chicago who has studied Internet culture.

The business will likely shift to other adult sites, perhaps based outside the United States. "I bet there are people today who are registering domain names and saying: 'Business opportunity for me,'" he said.

What do you think, Good Idea, Bad Idea, Indifferent?

Is this a case of killing the messager?

River

[nullorchis (imported)]

Craigs List is a business and can modify their business plan if they wish.

I think every homosexual knows what it is like to be under legal, religious, and social pressure. It is distracting to your main goals in life. Craigs list can now move on and focus on their main business plan without distraction.

People who need such an outlet will find it or make it. No law and no social pressure will eliminate this.

[A-1 (imported)]

So,

Tell me why this site has format changes...

...is this a reaction to the actions of Craig's List?

[Riverwind (imported)]

No its a change that has been in the works for over a year.

River

[seriously curious (imported)]

I see the potential closing of the adult services section of Craigs list as a good thing! In my region of the space time continuum the local Sherifs Office have performed several stings in which they posted an add to have sex with a 14 year old. There were several arrest made in that sting. The Sherifs office also posted prostitution adds where a 16 year old drove his mother to the place so she could indulge herself of the services both the mother and 16 year old were arrested for solicitation.

No matter what the original intent of this particular section was, something of this nature will always be exploited by certain, for lack of a better word UNDESIRABLES to use. I hope that this particular portion of Craigs list stays closed.

Understand that I do not look at this from a puritanical point of view on the contrary I would like to see the legalization of prostitution nation wide and have the bordello's supervised by state and local government but that's for a different thread.

I say Kudos to Craig's list for finally having the temerity to close the section regardless of how much pressure the government put on them, if it was due to governmental pressure then Yea! for the Government as well.

The First Amendment was never conceived to be used as a beacon for illicit activities.

If the closing of this section saves one life then it's justified in doing so. Just my thoughts on the matter.

[Riverwind (imported)]

I am always fearful of censorship, we are going through it right now sense the passage of things like homeless insecurity and the un-patriot act.

Look at my closing for my true feelings on this matter.

River

[jab (imported)]

The First Amendment was never conceived to be used as a beacon for illicit activities.

If the closing of this section saves one life then it's justified in doing so. Just my thoughts on the matter.

I'm always nervous at this line of reasoning. It is very similar to the "if even one gay is a child molester, let's outlaw homosexuality to save the children" logic of Anita Bryant.

And the First Amendment was conceived as a restriction on government, not on people. "CONGRESS SHALL MAKE NO LAW..." is the first phrase, and that plants the amendment directly in line with that. It is meant to facilitate communication, and if that communication leads to illegal activities, that communication also leads to authorities knowing about them and dealing with them.

If someone uses a highway to ship illicit goods, do you shut down the highway or arrest the person shipping the goods?

Now, craigslist has a choice independent of First Amendment: they might want to shut down their adult-stuff for business reasons. But the government should have no position on any of this, except happily arresting people who are violating the law.

[Slammr (imported)]

The First Amendment was never conceived to be used as a beacon for illicit activities.

If the closing of this section saves one life then it's just

ified in doing so. Just my thoughts on the matter.

I'm always nervous at this line of reasoning. It is very similar to the "if even one gay is a child molester, let's outlaw homosexuality to save the children" logic of Anita Bryant.

And the First Amendment was conceived as a restriction on government, not on people. "CONGRESS SHALL MAKE NO LAW..." is the first phrase, and that plants the amendment directly in line with that. It is meant to facilitate communication, and if that communication leads to illegal activities, that communication also leads to authorities knowing about them and dealing with them.

If someone uses a highway to ship illicit goods, do you shut down the highway or arrest the person shipping the goods?

Now, craigslist has a choice independent of First Amendment: they might want to shut down their adult-stuff for business reasons. But the government should have no position on any of

this, except happily arresting people who are violating the law.

I'm with jab big time on this. Once the government - or anyone - decides, based on perceived good, what speech to allow, there is no longer Freedom of Speech.

Under the influence of movies, books, and TV shows, people have committed murder. A couple, emulating the couple in "Natural Born Killers" went on a road trip crime spree and killed some people. Should the making of such movies be outlawed? Once you start censoring speech, where do you stop?

[moi621 (imported)]

Kind of like

The First Amendment vs The Oldest Profession.

Historically, both have lost.

The oldest profession denied the liberties of the first amendment, and the right to conduct their, oldest profession.

Moi

Amsterdam use to have quite a red light district in the mid 70's. Public, open, respectable and not seedy

[Riverwind (imported)]

Well from what I understand Craigslist only put Censored on US stuff, its still on everything in the rest of the free world.

Maybe thats there way of telling the government to go shove it.

River