Cyber Speech

By CARA BAYLES

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On Friday, an Illinois court decided not to hold Craigslist liable for discriminatory postings, setting a precedent for cyber-rights. Whereas both newspapers and their advertisers are legally responsible for discriminatory ads, this ruling heaps responsibility on the poster—not the host—of online content.

The Chicago Lawyer's Committee for Civil Rights (the case's plaintiff) argued that uncensored Craigslist classifieds that proclaim "no minorities" or "no families with children" violate the Fair Housing Act. They released a statement Friday pledging to "identify and aggressively pursue housing providers who violate the law, whether they publish their discriminatory advertisements in newspapers or on-line."

Craigslist declared the court's decision a free speech victory. "We view this outcome as a win for the general public's ability to self-publish content on the internet," Craigslist spokesperson Susan MacTavish Best told the Dig.

Robert Bertsche, the general counsel for the New England Press Association (and the Weekly Dig) says while the Seventh Circuit doesn't dictate Massachusetts law, he hopes the ruling signals shifting attitudes. "The internet is an unrestrained marketplace for free speech," he says. "A number of housing agencies have sued websites that allow third parties to post, because it gets more publicity and landlords don't have much money. They're going after the messenger rather than the source of discrimination."

Craigslist promised to "continue to work with fair housing groups, and remain open to genuine suggestions on how to improve."

Judge Amy St. Eve's ruling seemed mostly dictated by the limitations of the medium itself. "Simple filters along the lines of 'postings may not contain the word "white"' can't work," she wrote. "Statements such as 'red brick house with white trim' do not violate any law." She added that Craigslist's staff of less than 30 could not possibly screen the 30 million notices posted each month.