A judge has ruled that Craigslist is safe from criminal prosecution by South Carolina Attorney General Henry McMaster, for now. A temporary restraining order against the AG has been handed down by a judge in the state.
McMaster was launching a criminal investigation into whether the online classifieds site and Craigslist CEO Jim Buckmaster are responsible for enabling prostitution via its “Erotic Services” section.
"Until the court rules on the merits of Craigslist's claims, defendants and their attorneys and staffs shall refrain from initiating or pursuing any prosecution against Craigslist or its officers and employees in relation to content posted by third parties on Craigslist's website," states the order, which was signed by U.S. District Court Judge C. Weston Houck in Charleston.
Last week, Buckmaster filed a countersuit against McMaster in federal court in South Carolina, saying Craigslisted is protected under the Communications Decency Act.
The lawsuit asks 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.
In his countersuit, 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.
