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Craigslist Shielded From Prosecution In SC
viyh writes with an update to the ongoing legal troubles faced by Craigslist over their adult-services ads. According to CNN, a South Carolina judge has told the office of the state's Attorney General, Henry McMaster, to cease their efforts to bring criminal charges against the operators of Craigslist.
"On Friday, Judge Weston Houck granted Craigslist's request for a temporary restraining order preventing McMaster and his employees from 'initiating or pursuing [any] prosecution against Craigslist or its officers and employees in relation to content posted by third parties on Craigslist's Web site' until the court rules on the merits of the site's lawsuit. Craigslist's lawsuit cites an interview McMaster gave to Fox News on Monday, in which he likened the site 'to a hotel or motel owner that knows prostitution is going on on their premises and fails to do anything about it especially after having been told.'"
How exactly do you think this is corruption? Craigslist got a preliminary injunction because of their pending lawsuit claiming that the state's prosecution is a violation of the First and Fourteenth Amendments.
I'm a lawyer, but not yours. I wouldn't represent someone who thinks taking legal advice from Slashdot is a good idea.
With the sheer volume of ads on craigslist, how can anybody expect them to moderate everything on there. Isn't it easier and far more just for craigslist to take a neutural stance and let the justice system do it's job on a neutural basis. It's my understanding anyway that service providers are not responsible of the content of their websites anyway if they do not provide content under the safe harbor provisions of the communications decency act. Craigslist has already been granted immunity for hosting descriminatory housing ads. I'd be willing to bet they can get out of this too using the same legislation.
'Corruption'?
You've got that backwards - this is a clear and wonderful example of a judge /doing the job of a judge/.
Yes :
Excerpted from an old advert:
"Generous , kind , sugardaddy wanted." What part of generous
and sugardaddy did you not understand?
Since when do judges get to decide who can be prosecuted?
Since when do pilots get to fly planes?
Since when to mechanics get to fix cars?
Who, pray tell, do you believe is supposed to judge who has a valid case or not? What would you call the person who you have the job of making that judgement?
"Convictions are more dangerous enemies of truth than lies."
"in which he likened the site 'to a hotel or motel owner that knows prostitution is going on on their premises and fails to do anything about it especially after having been told."
Yes, a hotel with 100,000,000 rooms. Brilliant analogy.
This is a perfect opportunity for law enforcement to USE CRAIGSLIST TO BUST THESE PEOPLE. Don't shut it down -- use it to your advantage! These 'criminals' will just go elsewhere and shutting down Craigslist is as effective as shutting down Pacific Blvd. after 9PM... In other words: ineffectual
Fact: Everything I say is fiction.
Erotic services are illegal? Ah, so that is why there are no strip clubs in USA?
Helping people find such services is illegal? Oh, that is why the advertisers, etc. of such clubs are thrown into jail.
Spending money in order to get sex is illegal? Oh, cops should have thrown me to jail many times when I've offered a drink to someone.
What exactly is illegal is far, far narrower than "erotic services" and it makes a big difference here. And while I frequently use Wikipedia myself, I don't think that it always gives completely fair, unbiased and balanced image in large scale political issues that offend a lot of people either way.
Chances are good your local yellow pages also has a section dedicated to "erotic services". I don't see those going away. SC just thinks it can play "but it's on the internet" card and get away with it.
Firstly, the last place anyone should go for real facts on something is Wikipedia.
Secondly, the situation in Amsterdam isn't as bad as you nor Wikipedia claims it to be (NGO's distort facts for funding).
Thirdly, even if that were true, there's plenty of other countries were legalized prostitution works extremely well, Germany, Switzerland etc.
Fourthly, organized crime is involved in prostitution everywhere, by legalizing it you are on the first step to reducing the problem of organized crime.
Fifthly, "Erotic Services" are not actually illegal -- it depends on what that service is, and how transactions occur. Phone sex, webcam sex services for example are "erotic services" and wholly legal.
Just because organized crime is involved in prostitution, doesn't mean that a legalized system can't be properly run to reduce that. See Prohibition for an example of how making something illegal leads to a black market and organized crime -- legalizing it reduces that problem.
Corruption?!? A declaratory judgment action is actually an essential legal right.
http://www.nolo.com/definition.cfm/Term/ED8E9D0B-38C9-4D40-ADC1E5392D91A929/alpha/D/
The prosecutor has threatened to bring charges against Craigslist. Why should Craigslist have to wait for the Attorney General to decide to bring charges. He could keep making threats without bringing any charges as long as he wants. These threats cast a cloud over Craigslist, so they have the right to have the issue resolved, i.e., have the court determine whether Craigslist is protected by the first or fourteenth amendment.
An Attorney General can and should bring charges against whomever he or she wants. What an Attorney General should not be allowed to do is make public threats against an individual or a corporation.
We've had legalized prostitution in New Zealand since 2003.
Contrary to the scaremongering promulgated by people with hidden agendas, the sky has not fallen, and people working in the world's oldest profession have the full protection of the law behind them, just like everyone else.
Doesn't mean there isn't still a social stigma associated with it, but at least they're not forced into the underground and exploited by criminals, and they pay their taxes just like everyone else.