CL Sues SC AG For Dec Relief
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.
Two weeks ago Mr McMaster presented craigslist with an ultimatum, “to remove the portions of the Internet site dedicated to South Carolina and its municipal regions which contain categories for and functions allowing for the solicitation of prostitution and the dissemination and posting of graphic pornographic material” within ten (10) days.”
“If those South Carolina portions of the site are not removed,” McMaster said, “the management of craigslist may be subject to criminal investigation and prosecution.”
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. South Carolinians clearly value craigslist services, and appreciate finding jobs, housing, automobiles, for sale items, friends, romance, community information, local services, event listings, and just about everything else they need in their everyday lives, all in one place, and all for free.
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
In case there had been any ambiguity as to his intentions, Mr McMaster made the following remarks on Sunday:
“We opened an investigation at 5:01 on Friday, as promised. . . . We are preparing for a prosecution. We are investigating. We are moving forward. . . . . The #1 defendant is Mr. Jim Buckmaster, who is the man in charge of craigslist.. . . . craigslist is a big promoter and facilitator of prostitution.”
Mr McMaster’s repeated threats of criminal prosecution should we refuse to shut down craigslist for South Carolina have left us little choice but to seek declaratory relief before the court.
May 20th, 2009 at 6:17 am
Can you post a copy of legal filing?
May 20th, 2009 at 6:40 am
Awesome job guys!!
Fight for what is right against the guys who are using you are a scapegoat to do nothing more than trying to advance their own personal political careers!!
May 20th, 2009 at 6:41 am
Awesome job guys!!
Fight for what is right against the guys who are using you as a scapegoat to do nothing more than trying to advance their own personal political careers!!
May 20th, 2009 at 7:20 am
Awesome guys - good luck!
May 20th, 2009 at 7:21 am
[…] Eastwood movies in which Dirty Harry is pushed to his limit and and finally lashes out, Craigslist sued South Carolina Attorney General Henry McMaster in federal court on Wednesday. The classified-ad site is asking the court to rule that the state AG […]
May 20th, 2009 at 7:33 am
I’m behind CL 150%. McMaster deserves to be sued and publicly humiliated for unfair BULLying. I wished CL would have never taken down the erotic section in the first place since these AG’s lawsuits were on bogus legal grounds.
May 20th, 2009 at 7:36 am
Please post a link to the pleadings and/or let us know where it is filed. Some of us SC lawyers are very interested in seeing how this goes.
May 20th, 2009 at 7:42 am
[…] This blog post, amusingly tagged ‘harassment’, just went up: Two weeks ago Mr McMaster presented craigslist with an ultimatum, “to remove the portions of the Internet site dedicated to South Carolina and its municipal regions which contain categories for and functions allowing for the solicitation of prostitution and the dissemination and posting of graphic pornographic material” within ten (10) days.” […]
May 20th, 2009 at 7:46 am
This is so lame. South Carolina might as well start suing telephone companies and ISPs since they provide access to prostitutes and drug dealers. I mean if we’re going to ignore the laws that protect them, why bother with Craigslist, lets just shut it down at the source.
May 20th, 2009 at 7:55 am
It seems to me that the best solution possible (sic) until Mr. McMaster has resolved this issue is for craigslist to take down the entire South Carolina website and replace it with an open Thank you letter to the attorney general for making it impossible to do business in the state.
This will make it very clear to all South Carolina citizens who is responsible for this.
In addition, craigslist legal team should move to take action against the AG for selective prosecution unless he follow through and brings immediate charges against backpages, The State and other newspapers as well as the phone companies who are “complicit” by providing services which enable this “horrible” behavior.
Turn up the heat on McMaster.
May 20th, 2009 at 7:57 am
I seriously hope our legal system backs Craigslist on this one because if it doesn’t, I’m going to be quite ashamed of this country. I’ve never seen such ridiculous misuse of power by an attorney. I hope Craigslist exposes this AG for the bully that he is.
May 20th, 2009 at 8:17 am
Join the Facebook group “Henry McMaster, stop abusing your power to threaten Craigslist” at http://www.facebook.com/group.php?gid=82193692538
May 20th, 2009 at 8:19 am
Excellent! Please post the court papers. Keep the pressure on the government bullies. Agree w/the other posters here, plz provide a link to the court pleadings. Will definitely follow this story!
May 20th, 2009 at 8:23 am
I think McMasters is about to find out sometimes you get exactly what you asked for. And in his case it just might be the laughingstock of the nation.
Does he not stop for a moment to consider that NONE of the other AG’s are making the same stupid and baseless threats?
Do South Carolina residents really want to see their tax dollars spent in this manner?
Does he not see that craigslist has already made changes far beyond what was requested?
He better hope John Stewart or Colbert do not latch on to this story because one classic clip of Colbert interviewing him will render his political career moot.
May 20th, 2009 at 8:30 am
Way to go, that is how it is on the “streets” that were once civil. You go along minding your own business and they pick a fight with you and they libel/file action so you file action back, they file action back, you file again, and it gets ugly and takes time and money.
Keep in mind to mind your own business and go about doing whatever you were doing before they picked a fight with you. Keeping your own council is key here, keep it to the courts, don’t show your hand, its legal poker.
Can we get back to reading about funny posts, stats and whatnot in your blog?
May 20th, 2009 at 8:34 am
I’m eagerly waiting to McMaster get the legal spanking he deserves. People like this, that push this hard, are usually consumers of whatever they are prosecuting. Wouldn’t surprise me if McMaster is a whore monger.
Long live freedom of speech!
I also want to let you know how much I appreciate CL. Thanks for a great service!
May 20th, 2009 at 8:44 am
This is great news!!
When will politicians realise thinly veiled attempts to get press coverage and votes like this dont work. Glad you guys are standing up to them
May 20th, 2009 at 8:50 am
[…] brings us to today (bet you thought we were finished). The official Craigslist blog announced that the organization is pursuing a lawsuit seeking declatory relief and a restraining […]
May 20th, 2009 at 8:53 am
[…] There were other sites run in the state that show more ‘offensive’ adverts than Craigslist but as one of the sites is backed by Microsoft, they ahve been left well alone. So its with a big smile on my face that I right that Craigslist filed a law suit against the politician using the Craigslist blog. […]
May 20th, 2009 at 8:53 am
[…] craigslist and its executives,” according to a post on Craigslist’s company blog. The rest of the post gives their side of the […]
May 20th, 2009 at 8:57 am
good job. be aggressive.
May 20th, 2009 at 8:58 am
Craigslist is making history. What people think is a higher power in society, is a reality to some on the internet! Politicians should learn the fine line of this. The legal system is not ready for technology as clearly seen in The Pirate Bay trials, although it was not in the US — its not ready in the US for a case I stood with and was part of.
FAIR IS FOUL, FOUL IS FAIR.
May 20th, 2009 at 9:02 am
Hey Doug, use a little common sense. I’m on the fence on the whole issue, but phone companies and ISPs don’t serve content. Fact is, websites are responsible for their content, period.
May 20th, 2009 at 9:07 am
The AG is attempting to legislate morality. I care nothing of his morals or values, his are no more subjective than mine or anyone else.
The people on craigslist or any other site utilized for personal interactions do so of their own volition. Each is accountable to self & responsible for the decision. If the consent between two people, any two people, is made then it is none of my business, the AG’s or any politician.
When we do not defend the individual civil liberty to contract with others through mutual consent, we create a target for our own backs which will ricochet toward us when we are faced with similar circumstances for which we have made choices at the behest of no others than those involved who consented & agreed.
All the best in your pursuit! Keep us posted.
May 20th, 2009 at 9:13 am
I agree with the one poster there - the correct way to do this is to take down all of South Carolina, and put up a full page ad there blaming it all on McMaster and ask the citizens of South Carolina to ensure that he is voted OUT of office ASAP. In the meantime, every DAY that you do not do business in South Carolina, you add 1 billion dollars to the bill to the South Carolina governement for the loss of business, and add charges of criminal racketeering to McMaster’s charges.
May 20th, 2009 at 9:14 am
I love Craigslist…I make my living using Craigslist…Leave Craig and his list alone!
http://www.interstateflooringandstairs.com/Monthlyspecials.html
May 20th, 2009 at 9:18 am
Good for you guys. It’s a shame that the courts have to get clogged up with stuff like this, just because McMaster wants a scapegoat.
May 20th, 2009 at 9:30 am
Good luck in this fight, I know you will win it, but I also know it’s no fun fighting it.
One small thing: The next time you write a blog post, send it to me so I can fix up the language. I’m thinking I’m not the only reader who cringed at your improper use of “quintessential.”
I’ll do it for free just to do my part in helping your side.
It’s not a big deal, certainly nothing compared to your big fight, but it detracts from your side when your writing is not as clear and accurate as it could be.
May 20th, 2009 at 9:45 am
way to go.
May 20th, 2009 at 9:51 am
Another good reason NOT to live in S. Carolina.
May 20th, 2009 at 9:53 am
Best of luck! McMaster needs to be smacked down.
May 20th, 2009 at 9:57 am
What a wonderful use of taxpayer money in SC! What an effective way to show that the AG has a limited understanding of the internet and modern technology!
The AG should step down and resign his position both for making illegal threats and for wasting taxpayer money.
This a disgusting disgrace to the legal profession and frightening abuse of power.
May 20th, 2009 at 10:11 am
Well, SOMEONE has to do it. I’m sorry for you personally that this is directed at you. No one can say craigslist hasn’t taken every step possible to address the AG’s concerns in good faith. I do feel fortunate that a company as large, successful and well known as craigslist is willing to take a stand against this bully. Your work in uncovering that (wink-wink-nudge-nudge) “other” venues for similar service offerings was inspired. Keep the faith, those of us who not only USE craigslist for a variety of purposes but who value the rule of law stand with you on this.
May 20th, 2009 at 10:27 am
Give em hell, Jim. Henry McMaster will continue to harrass and bully Craigslist and any other tempting target for his political gain until someone fights back. The threat to Craigslist is really a threat to all of us. Go get him.
May 20th, 2009 at 10:33 am
Go get him Jim! You need to make a stand now or every AG in the US will be hounding you out of business just to show their power and to gain political points with their so-called constituents.
America’s national and state governments are out of control. They want to regulate and tax everything we hold dear and it’s all getting a little bit old.
Time for everyone to stand up.
May 20th, 2009 at 10:34 am
I just posted the complaint and other docs here FWIW.
http://blogs.zdnet.com/BTL/?p=18484
May 20th, 2009 at 10:39 am
BEST WAY TO PISS HIM OFF: VOTE ADAM AS AI WINNER! HAHA
May 20th, 2009 at 10:53 am
Thank god someone with deep enough pockets took on this tin-pot tyrant.
Hopefully Craigslist completes the smackdown by filing to have his Law License revoked by the South Carolina Bar ( (and any other states) once the Federal courts smack him down.
May 20th, 2009 at 10:55 am
I say wait for them to file charges…..then after the charges are filed, close down Craigslist for South Carolina. After you win (because they don’t have a case….. just a hope and a prayer at this point), open up both guns on them….drop a lawsuit bomb for….
*malicious prosecution
*Selective prosecution
*deformation of character
*violations of the equal protection doctrine guaranteed by the 5th and 14th amendments of the constitution
*site South Carolina and AG Henry McMaster as co-defendants, in seeking reparations for damages
I say wait to close down South Carolina until charges are found to see if he really wants to go through with it, and the backlash his office would get will be staggering at this point.
Also filing the lawsuits will send a very clear message to anyone else foolish enough to try this crusade again
May 20th, 2009 at 10:57 am
“Mr McMaster has persisted with his threats despite the fact that craigslist:
* has earned a reputation for being unusually responsive to requests from law enforcement”.
That’s my observation. I have been thinking that if McMaster had a serious concern, a phone call or two would have taken care of it.
I don’t like to venture a guess as to someone’s motives, but it’s hard to discern anything other than publicity seeking.
May 20th, 2009 at 11:14 am
Such wonderful PR! Can’t pay for advertising like this! Way to go!
May 20th, 2009 at 11:22 am
On a related note, I am trying to shut down Catholicism due to its harboring of several pedophiles.
May 20th, 2009 at 11:28 am
Great work and good luck. Way to expose the hypocrisy.
May 20th, 2009 at 11:35 am
@Denver, NO, web sites are service providers just like ISPs. They are already liable for subpoenas, and craigslist fallows these to the letter. What McMaster is asking for is prior restraint of free speech. The only way to comply with his ludicrous requests is to completely shut down the site, to prevent the speech from taking place on this individual site. If someone was sending out emails advertising prostitution you have no right to sue Yahoo, or Google, for hosting that person’s email. This is the same thing.
May 20th, 2009 at 11:40 am
Kudos … way to show some corazon … and some cajones!
May 20th, 2009 at 11:47 am
IS CraigsList taking donations to fund their lawsuit?
If so… where do I go to donate?
May 20th, 2009 at 11:54 am
[…] with criminal prosecution, and then it demanded an apology. With no apology forthcoming, Craigslist has sued Henry McMaster seeking declaratory relief that its actions do not violate the law. McMaster has continued to push forward with his plans to […]
May 20th, 2009 at 11:55 am
To Jim and All the Folks At Craigslist:
I trully appreciate the fact that you have filed a lawsuit against the AG of South Carolina. I think it is totally appropriate and you will set a positive presidence for others in your position.
This AG is a rogue wannabe, wanting to throw his weight around aimlessly while trying to make a name for himself. The fact remains he is clearly harassing you, by definition of his own State’s Statute.
Additionally, the AG is, in essence, blackmailing and extorting you “To do this, this or that or else we are going to come after you”. He is also no doing anything against other more well known entities.
One thing I would like to point out is that to the extent the AG wants to target you, which clearly he has done, from a legal and public standpoint, has the AG also acted in a biased way towards you? The answer is yes.
There are campaign contributors of the AG that support Erotic Services in his State. They are called the telephone company and the telephone book publishers.
Another questions is did the AG also file charges or harass and extort the telephone companies and telephone book publishers for there listings under the headings of Escorts or Escort Services??? No…he has not!!!
Clearly, one must ask the question why?….Afterall, to run an ad in the telephone book requires a fee, unlike Craigslist, which is free of any charge…Keywords here….”Requires a Fee”.
A simple phone call to the escort services listed in the telephone books of the AG’s own back yard (literally), that paid a fee to be in those telephone books, reveals its a few hundred dollars an hour for “full service”…some even said that they provide the condems and toys… So what is he doing about that???
I think he has set a biased here very clearly…that biased being that if you are paying a fee for being in a phone book and you are in his state, then any other ways or means of advertising Erotic Services is prohibited.
So instead of the AG going after you, perhaps he should focus on his own State where the prostitutes are listed as plain as pie in the local phone book under Escort Services and they pay a fee to advertise such services.
Lastly I think the AG should return any campaign contributions he received from the telephone companies who provide telephone numbers to the escort services, telephone book publishers who publish excort services in the yellow pages as well as each of there lobbyists.
May 20th, 2009 at 11:56 am
I will absolutely defend web neutrality; let these grandstanding bible-thumping Ayatollahs take their sorry behinds to Iran, Myanmar, Afghanistan & all the other Moron Totalitarian Theocracies & leave MY 1st Amendment (now you WHY it’s the very FIRST Amendment!) ALONE!
May 20th, 2009 at 12:28 pm
Sooo embarrassing…but you know what? This is how it is here, I dont care what people say in defense, this moral police that SC politicians have becaome is one of the reasons why we are a laughing stock in the Union. Buckmaster, man, if I was you, I would press full steam ahead, he just put out a statement today basically claiming victory now, because you brought a lawsuit on his ass?!? I mean this is how ass backwards this dude is. FULL STEAM AHEAD.
May 20th, 2009 at 12:32 pm
Jim — Did you guys go to court to ask for an injunction this afternoon? It’s really unclear what the state of this lawsuit is given McMaster’s apparent backing away from criminal prosecution threat this morning.
May 20th, 2009 at 1:09 pm
Prostitution is one consenting adult paying another consenting adult for a service. This shouldn’t be a crime (it’s your body — you should be able to rent it out if you want to). And while prostitution IS illegal in S.C., so is a lot of ridiculous stuff — probably like spitting on the sidewalk (if you Google ridiculous laws).
Meanwhile, it’s not like the Atty. General has a lot of time on his hands because there’s so little crime in his state — the kind committed by people against unconsenting others. Of course, going after that stuff doesn’t have such great publicity value.
May 20th, 2009 at 1:10 pm
I agree that it’s just plain old bullying and should be taken to court. Maybe he’s just making a name for himself for election.
May 20th, 2009 at 1:10 pm
…. and now AG Henry McMaster is singing a different note
(source, http://www.scattorneygeneral.com/)
“Columbia, SC – “The defensive legal action craigslist has taken against the solicitors and my office is good news. It shows that craigslist is taking the matter seriously for the first time
More importantly, overnight they have removed the erotic services section from their website, as we asked them to do. And they are now taking responsibility for the content of their future advertisements. If they keep their word, this is a victory for law enforcement and for the people of South Carolina.
Unfortunately, we had to inform them of possible state criminal violations concerning their past practices to produce a serious response. We trust they will now adhere to the higher standards they have promised. This office and the law enforcement agencies of South Carolina will continue to monitor the site to make certain that our laws are respected.”
Craigslist changed things a week ago, giving 7 days before the erotic services section would be closed/deleted. McMaster’s response was that it wasn’t good enough, and announced it would go ahead with its investigations and filings.
So everyone KNEW there would be 7 days right? Well if you read above, he tries to make it like his threat of filing charges worked, and mysteriously overnight, craigslist caved, and took down erotic services….. even though it was announced 7 days ago…. wow.
Craigslist…… DO NOT WAVER in this… continue the filing of your lawsuits, and if you REALLY want to be mean, shut down service in South Carolina, until he issues a public apology to your executives. Be sure to provide a link to his page and e-mail so people who use your site everyday can tell him what they REALLY think of him.
…..and to the people of South Carolina….. get him out of office before he wastes anymore taxpayer dollars on granstanding, trying to further his own political career, and media driven bullshit.
May 20th, 2009 at 1:11 pm
Way to go, craigslist! It’s about time you took a stand against that self-righteous windbag AG. He done thought he had you fellers on the run. Actually, I think ole Cletus was just running a publicity stunt anyway. But way to go.
May 20th, 2009 at 1:30 pm
Everyone is so “way to go” to Craigslist (or maybe that’s the thread editor’s doing), but where is anyone speaking up for society? We’re not talking about some dinky site no one has heard of, and with criminal charges filed against a student who allegedly killed someone after (fact) advertising on Craigslist, it’s impossible to believe that no one (besides the AG) seems to understand the ramifications of saying, “everyone can do whatever they want, and the hell with any rules or common decency”.
Every time you turn on the TV, you can see programming that has been approved, not only by government standards, BUT BY THE BROADCASTERS THEMSELVES. That’s what’s being asked here. Is the AG grandstanding? Sure. But so what? His point is still valid, and the best proof of that is Craiglist’s OWN bowing to other state’s AG’s demands. This lawsuit against SC is nonsense, and Jim Buckmaster is clearly only out for himself and his company, and trying to outgrandstand the AG.
What a shame that a company will sue the government to try to keep it from enforcing the boundaries that society has deemed reasonable, and people only say, “good argument”, and “don’t let the bastard get you down”, and “persuasively discussed”.
Too bad there’s not a post here that says, “despite thinking we can allow pornographic content to be posted, we at Craigslist are concerned enough to do the moral thing and refuse to post offensive content”. Maybe there’d be one young woman alive today and one badly injured one whole if they had.
May 20th, 2009 at 1:39 pm
Here is the TRO filing.
http://www.fitsnews.com/2009/05/20/heres-the-craigslist-lawsuit/
May 20th, 2009 at 1:39 pm
I am so glad to see that craigslist is defending itself against this frivolous crap! After recently moving to South Carolina from Florida, it is truly shocking to see the huge amounts of hypocrites that live here. It’s all a “do as I say - not as I do” mentality here. They go to church 2x on Sunday, and again on Wednesday night…talk about people with a guilty conscience! They are nothing but hicks, trying to legislate what is right and wrong in people’s lives. At any rate, I’m glad to see craigslist is suing this state, and I hope the state loses a huge amount of money over this suit. In this way, the people of SC will see what AG has costed us, and there will be a huge backlash against him once and for all!
May 20th, 2009 at 1:41 pm
[…] this morning turned the tables on South Carolina attorney general Henry McMaster, suing him for threatening to file criminal charges over its adult classifieds. The suit seeks declaratory […]
May 20th, 2009 at 2:00 pm
As a CL supporter, I am gob-struck regarding any government taking this restrictive and legal position. South Carolina has a history of taking outrageous positions. Funny thing is, you catch them in awkward postions too, Thomas Ravenel, John Edwards, a SC son, Strom Thurmond.. Regarding the placing of illegal ads, I have seen want ads- in printed newspapers, magazines and on every dating site I’ve noticed (not eharmony) which allows people to submit ads for dating or massages, escorts, companions, etc, whether free or for a fee. Not only are many ads incredibly suggestive of prostitution, when photo’s are printed they are bordering on porn. In many cases, child porn. And when you take away the rights to place these ads, next is the car ad. Many are bait and switch, lemons, thefts. Then there are the adoption services… medical services…. Businesses running professionally, with public regard, full disclosure, etc… have rights too. Oh, the preacher offering counseling, the boy scout troop leader, bus driver, who is a predator, molester, rapist, makes an offer…. next, the thought police
May 20th, 2009 at 2:07 pm
Craigslist provides community services for FREE for most postings!!!
Stop blaming ISPs. Craigslist is open to the public and any law enforcement can access the listings. It’s like telling the phone company who can get a telephone based on the listing category? ?
America get a grip, stop blaming the messenger! Mr. Buckmaster I support you 100 percent.
Don’t give in any threats or extortionists and opportunists (American Taliban) who look to whittle away our first amendment rights. Laws change, people change, and society changes. When you get demand letter’s just send back the story “The Camel in the Tent”
FREE SPEECH FOR ALL including Adult Service posters!!!
Karl
May 20th, 2009 at 2:17 pm
It looks like Craigslist is the subject of situation similar to that of gun manufacturers that are sued by the victims of crime. Even though the gun manufacturer or Craigslist have no control over the actions of the users of their product.
Craigslist appears to be totally against gun ownership, whether that is an idealogical decision or one brought about the by laws of the state they operate in it seems ironic that Craigslist, who probably supported most of the lawsuits against gun manufacturers, has it’s feathers ruffled by the possiblilty of criminal action against them for a similar situation.
Someone died because of Craigslist.
Personally, I don’t believe that Craigslist did anything wrong or that any criminal action is warranted. By the same token I don’t believe that gun manufacturers should be punished for the criminal use of their product or automobile manufacturers should be sued because someone used one of their cars in a hit-and-run.
Think about it.
May 20th, 2009 at 2:30 pm
[…] South Carolina Attorney General Henry McMaster learned an important lesson today: You don’t push Craigslist into a corner and then poke it with a sharp stick because Craigslist will bite back. […]
May 20th, 2009 at 2:30 pm
Go get ‘em!
May 20th, 2009 at 2:50 pm
I only wish CL would have done this sooner rather than pandering to this asshole. Let’s start a petition in SC with the SC bar and get him disbarred for unethical conduct.
May 20th, 2009 at 2:55 pm
Hey Jim,
Good for you! Sounds like McMaster got his law degree from a stale box of Cornflakes.
In an unrelated note, did anyone else notice that the email address for the South Carolina Attorney General’s office is: info@scattorneygeneral.com.
Best,
Rob
May 20th, 2009 at 3:17 pm
Dear Jim,
I have every reason to believe, and you should also, that this is a multistate effort by other State AGs as well. They operate through their private organization “the National Association of Attorneys General,” and i have first hand personal knowledge that they operate like a pack of hyenas and conspire to violate the civil rights of many persons and entities. Their m.o. is to pick a “lead” state that is the face of a charge, with the rest of them waiting in the high grass.. or more likely, weeds. Be careful and beware, I’ve been through this before, and you cannot imagine what they are doing to civil liberties and rights in this country. They operated complete beyond the sight and accountability of anyone or any government institution. I’d love to help.
Ben
May 20th, 2009 at 3:22 pm
Note also that Wilmer Cutler is the lawfirm that has represented NAAG and the SC AG
Ben
May 20th, 2009 at 3:25 pm
Here’s the post you should read
http://www.wiggin.com/spotlight/news_sample.asp?ID=837488152003
May 20th, 2009 at 3:38 pm
MAN THIS MAKES ME SO HAAAAAAAAAAAAAAAAAPY!!!! Well done Craig!!!!!!!
Teach them a lesson they’ll never forget!!!!! Enough of the bullying!!!! And restore the service PLEASE!!!
Craig really have A PAIR!!! Sic’em boys!!!
May 20th, 2009 at 4:17 pm
[…] a declaratory judgment against South Carolina Attorney General Henry McMaster. [Citizen Media Law, Jim Buckmaster/Craigslist blog] Earlier here and […]
May 20th, 2009 at 4:47 pm
These threats of prosecution are ridiculous. What’s really happening here is that the government is menecing a completely lawful enterprise because government is unable to meet their law enforcement obligations successfully. People advertising illegal services are doing so in violating of CL policy; CL is the victim of these actions, not a participant. CL should be suing SC for not keeping criminals away from its virtual store front. SC should be spending money on fraud investigations against false and misleading advertisements. It’s as if a prostitute was selling her services in the local mall, and to combat the problem the police ordered the mall to close.
May 20th, 2009 at 5:08 pm
[…] certain prosecution, Craigslist decided to strike first with its own lawsuit. In a blog post, amusingly tagged ‘harrassment’ (sic), that went up earlier this morning, Craigslist CEO Jim […]
May 20th, 2009 at 5:09 pm
Even though this bonehead AG appears to be backing down, please do not drop your lawsuit. Push forward and make the state pay all of your attorney’s fees for the grief this guy has put you though during the last month. Then, the voters of South Carolina will have a real number to see in terms of what this guy’s reckless threats actually cost state taxpayers. This is bigger than Craigslist but you are in a unique position to send a message to bullies like McMunster (sic) who might decide to pick on someone who doesn’t have resources like your company does. If they know they will be on the hook for millions in attorney’s fees paid for by taxpayers, they will be less likely to pull these publicity stunts. Dinging the SC taxpayers for your legal bills would be a serious blow to this guy’s chances at getting elected as governor of that state. Don’t back down.
May 20th, 2009 at 8:01 pm
The SC AG probably wants to be paid off!!! Why is he not going after EROS GUIDE . com, TBD, CITY VIBE . COM or any of the ESCORT SERVCES???
The ESCORT SERVICES want GRAIG’S LIST …GONE to line their own pockets. They feel Craig’s list is getting in the way of them making money.
I hope Craigs’ List Fights back and wins!!!
LONG LIVE GRAIG’S LIST!!!!
If craig’s list needs names of sites and services, as well as owner’s names that are attcking you, just e mail me . I will help Craigs list in any way that I can.
May 20th, 2009 at 8:22 pm
I think you made a stupid mistake of cowarding out and removing the erotic section in the first place.They had no grounds for suing you or bringing criminal charges against you.
May 20th, 2009 at 9:05 pm
[…] the coup de grace: A lawsuit against the AG for restraining Craigslist’s free speech — announced in a Craigslist blog post, […]
May 20th, 2009 at 9:22 pm
Can’t they just make it legal like in NV? then there can be taxes (read revenue generating); the people in the that field can be safe and they can concentrate on more pressing legal issues…
May 20th, 2009 at 9:57 pm
By eleminating this service they have “laid” off many women from a steady stream of revenue. Prostitution has been around for ever and will never go away. Wake up you religous dumbasses.
May 21st, 2009 at 4:48 am
Go get ‘em CL! Please do not drop your suit against S.C. until the AG apologizes for harassing your legitimate business.
I say you should temporarily institute changes to adhere to his ridiculous demands - hire enough people to review EVERY SINGLE POST made to craigslist from South Carolina, and keep track of the expense you incur down to the last paper clip. Then sue South Carolina for triple damages.
Stand up for (y)our rights!
May 21st, 2009 at 5:16 am
yeah, it was time this happens. This whole thing is bullshit. I can’t believe Craigslist caved in and removed that section. Now the other sections of the site are full of hookers and are becoming useless, that and the freaking spam. Craigslist should concentrate on working and fixing their site for their users instead of concentrating on bogus bullshit requests from AG who do not even have legal grounds. I am -very- disappointed in CL for this.
May 21st, 2009 at 5:43 am
Great…. I live in SC. We have a nut case as a Gov. and another nut case that wants to be Gov. They are just using craigslist for publicity. You no the saying…there is no such thing as bad publicity. And as huge as craigslist is, they are really getting their names out.
May 21st, 2009 at 9:13 am
Thank you from another businessman for your unusual courage to defend yourself against ‘government bullies’.
Your courage is a great example, which I hope more businessmen will now follow.
May 21st, 2009 at 9:46 am
You guys are awesome! BRAVO!
May 21st, 2009 at 11:18 am
What an abuse of power by McMastor.
Craigslsit - sorry that you have to go through this but we appreciate you standing up to this bullying for all of us. Don’t let up!
May 21st, 2009 at 2:48 pm
Joyce Says:
May 20th, 2009 at 8:01 pm
The SC AG probably wants to be paid off!!! Why is he not going after EROS GUIDE . com, TBD, CITY VIBE . COM or any of the ESCORT SERVCES???
The ESCORT SERVICES want GRAIG’S LIST …GONE to line their own pockets. They feel Craig’s list is getting in the way of them making money.
I hope Craigs’ List Fights back and wins!!!
LONG LIVE GRAIG’S LIST!!!!
If craig’s list needs names of sites and services, as well as owner’s names that are attcking you, just e mail me . I will help Craigs list in any way that I can.
^^^^^^^^^^^^^^^^^^^^
Wow! Do you know for a fact that the other sites are railroading Craigslist? Just throw the other sites under the bus, huh?
That’s just like kindergarten….When you’re the only one in a group get caught doing something bad but instead of taking it on the chin and “manning up” you tell on everybody else.
You don’t realize how many decent working girls throats you’re slashing out there who are just trying to make a living.
Save the “get a job” mumbo jumbo. Some things just aren’t that black and white…especially in this economy.
May 21st, 2009 at 6:17 pm
[…] of Newmark, Craigslist filed suit against the South Carolina AG “seeking declaratory relief and a restraining order with respect to […]
May 21st, 2009 at 7:00 pm
Way to go! I’m so proud of your recent activities — fighting off Ebay, sueing the S.C. atty general, and keeping your site on top! You’re a super trouper!
Kacie
May 21st, 2009 at 9:17 pm
Henry McMaster, might have a point when is comes to banning dog fighting, but all and all he’s just another self-righteous repub wind bag.
These evangelical types will continue to legislate our private lives unless someone stands up to them. Way to go CL!
-GH
May 26th, 2009 at 6:43 pm
If you live in the New England area and wish to assist the cause of sex-worker rights in Rhode Island, you may wish to attend the premiere of a new movie called “Happy Endings?” It is a documentary that follows several sex-workers and the political shananigans that have occured over the prostitution law in Rhode Island. The movie is showing at the address and times below:
Columbus Theater
270 Broadway
Providence, RI 02903
June 5th and 6th
7:00 and 9:15 p.m.
May 27th, 2009 at 5:58 pm
South Carolina was the first state to secede from the United States. It should now join Texas Gov. Rick Perry in his gambit to consider re-seceding. Given their mindset, they would be much happier resurrecting the Confederate States of America once again. Lincoln was wrong; he should have let those states go, with good riddance.
A die hard Yankee
July 12th, 2009 at 5:41 pm
Remember it is not a constitutional right that shields sites, it is the Communications Decency Act which was interpreted by Zeran v. AOL, 129 F.3d 327, 330 (4th Cir. 1997) to “create a federal immunity to any cause of action that would make service providers liable for information originating with a third-party user of the service.” Congress passed this rule so that smart, creative people would build useful websites without fear of retribution and lawsuit after lawsuit. Let us hope the injunction is granted and this fool of an AG can move on to other more important matters
December 3rd, 2009 at 6:44 pm
Let me be the judge of what I want to do with my computer! There are enough evil ways for people to get to the bad stuff. For a fine example look how well our Governor did with his trips to Argentina! I have always said that South Carolina is not first in all of the bad stuff and last in all of the good stuff without working hard at it! GO GET THEM CRAIGSLIST! Take the good ole boys down!!!
August 26th, 2010 at 7:58 am
What impact will this have on the way we currently use Craigslist? Does anyone know…. is this part of the reason for the new layout we’ve noticed on Craigslist? Either way, we’re on your side Craigslist. You’ve been a very fair & helpful service to millions across the world.
September 6th, 2010 at 12:04 pm
Way to go Big Brother. From now on I’ll do all I can to deface the Commie state of SC.
October 20th, 2010 at 8:16 pm
I totally agree with “Remember it is not a constitutional right that shields sites, it is the Communications Decency Act which was interpreted by Zeran v. AOL, 129 F.3d 327, 330 (4th Cir. 1997) to “create a federal immunity to any cause of action that would make service providers liable for information originating with a third-party user of the service.” Congress passed this rule so that smart, creative people would build useful websites without fear of retribution and lawsuit after lawsuit. Let us hope the injunction is granted and this fool of an AG can move on to other more important matters”. That is where the really goods are.