Craigslist has had quite enough, thank you very much, of having its reputation besmirched by South Carolina Attorney General Henry McMaster, who is launching a criminal investigation into whether the online classifieds site is responsible for enabling prostitution via its “Erotic Services” section. On Wednesday, Craigslist CEO Jim Buckmaster said in a blog post that his company has filed suit against McMaster in federal court in South Carolina.
The lawsuit is asking for "declaratory relief and a restraining order with respect to criminal charges he has repeatedly threatened against Craigslist and its executives.”
McMaster had threatened the investigation and possible prosecution of Buckmaster himself if Craigslist did not take down the Erotic Services section, which he insists is a veritable digital pimp and pornographic superstore. Buckmaster has maintained that Craigslist is protected from such demands by the First Amendment and the Communications Decency Act, but did replace the section with a new “Adult Services” section under pressure from several other attorneys general around the nation. Unlike Erotic Services, Adult Services is moderated by live people that vet all postings for legality. McMaster said that was not good enough.
Buckmaster said McMaster’s moves are "unwarranted by the facts," and "represent an unconstitutional prior restraint on free speech, and are clearly barred by federal law."
Unfortunately, it might be a little awkward for Buckmaster considering a Craigslist-using prostitution ring was just busted in New York City.
Nonetheless. since Craigslist’s legal action, McMaster has backed down, saying in a statement that he’s pleased the site is taking his allegations seriously. “We trust they will now adhere to the higher standards they have promised,” he said, noting that his office will continue to monitor the section for breaches of the law.