7th Circuit Orders Cook County Sheriff to Back Off Backpage.com

7th Circuit Orders Cook County Sheriff to Back Off Backpage.com

CHICAGO — A federal appeals court this week ordered the Cook County Sheriff’s Department to halt lobbying major credit card companies that do business with Backpage.com.

Cook County Sheriff Tom Dart was sued by Backpage in July after he successfully placed pressure on Visa and MasterCard to stop processing credit card transactions for Backpage. Dart said the the pressure was necessitated by “years of growth in the ... sex trade.”

In its order, the 7th Circuit U.S. Court of Appeals issued a ruling forbidding Dart's office from "taking any actions to formally or informally request, direct, persuade, coerce, or threaten credit card companies" to get them to terminate relationships with Backpage.

The appellate ruling does not affect Backpage's ongoing federal suit against Dart that seeks damages for what the online classifieds ads site claims was a crippling financial blow.

Industry attorney Larry Walters of Walters Law Group said the ruling by the 7th Circuit establishes important legal precedent in the field of "intermediary liability." 

“The court recognized that a sheriff must be very careful in what he says, when acting in his official position,” Walters told XBIZ. “By forcing the credit card companies to bend to his will, the sheriff engaged in an extra-judicial censorship campaign which is forbidden by the First Amendment. 

“At the hearing on this matter, Judge Posner — the author of the opinion — openly questioned the government's view that Backpage facilitated the ‘violent industry’ of sex trafficking:  ‘Is phone sex violent? What about all the old men who would like to be seen with a young woman on their arm? It’s not all sex. Even if Backpage abandons escorts and body rubs and so on … it’s really just a dating service…. I think it’s outrageous that it’s violence, and so forth.’”

Walters said that as state and federal agencies jump on the “prosecution bandwagon” against online advertising networks, this week’s decision raises important questions about the legitimacy of the targets. 

“Holding an online service provider responsible for the postings of a third party user threatens the very functionality of the internet,” Walters said. “Fortunately, the 7th Circuit made the right call in this politically charged environment.” 

Backpage was joined by other non-party groups in separate friend-of-the court briefs in Backpage's appeal at the 7th Circuit. Those groups included The Center for Democracy & Technology, Electronic Frontier Foundation, Association of Alternative Newsmedia, CATO and Reason.

   

Related:  

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

MojoHost Reaffirms Commitment to Adult Industry Amid Project 2025 Implications

In the wake of Tuesday's election and amid concerns about the possible ramifications for the adult industry, MojoHost President Brad Mitchell has releases a statement addressing Project 2025 and the future of the industy.

Adult Web Hosting Service 'Midnight-Host' Launches

Midnight-Host, a new web hosting service designed specifically for adult websites, has launched.

ASN Lifestyle Magazine Joins Pineapple Support as Media Sponsor

ASN Lifestyle Magazine has joined the ranks of over 60 adult businesses and organizations committing funds and resources to Pineapple Support, partnering with the organization as a media sponsor.

Adult Industry Reacts to Trump Victory

On Tuesday, former President Donald Trump was reelected, defeating Vice President Kamala Harris to reclaim the office he lost four years ago.

Fetisfy Online Fetish Marketplace Launches

Fetisfy.com, an online marketplace for users to sell fetish items, has launched.

Pineapple Support Launches 'Spill the Tea, Colombia' Community Support Event Series

Pineapple Support has launched "Spill the Tea, Colombia," a monthly, in-person community support event for adult industry professionals.

Streamster Launches 'Tip2Peep' Camera-Switching Feature

Live-streaming software provider Streamster has launched Tip2Peep, a new feature that allows viewers to switch between multiple webcam viewing angles by tipping the creator.

Tyler Wu Guests on Chaturbate's 'Sex Tales' Podcast

Tyler Wu is the latest guest on Chaturbate’s “Sex Tales” podcast, hosted by Melissa Stratton and Vanniall on the company’s “Camming Life” YouTube channel.

Fleshy to Launch Interactive Cam Site 'Eromote'

Male pleasure brand Fleshy has announced that it will launch an interactive, bidirectional cam site next month called Eromote.

XBIZ LA Show Introduces New 'Crib Crawl' Feature

XBIZ is pleased to announce that the 2025 edition of its flagship conference, the XBIZ Show, will debut a brand-new feature: Crib Crawl, offering attendees the chance to meet and greet representatives from leading brands and organizations in dedicated suites at the host venue.

Show More