CDA230

Dart v. Craigslist, Inc., 665 F. Supp. 2d 961 (N.D. Ill. 2009)

Type of online publisher: 
Craigslist, online classified advertising site
Publisher's Role in Third Party Content: 
Created "adult" section; allowed search by sexual preference
CDA § 230 applicable?: 
Yes

The Sheriff of Cook County sued Craigslist arguing that the site's "adult" or "erotic" services section facilitated prostitution and created a public nuisance. The sheriff argued that "Craigslist plays a more active role than an intermediary or a traditional publisher... [because it] causes or induces its users to post unlawful ads-by having an 'adult services' category" and enables users to search by sexual preference. But the court held that Craigslist did not cause or induce illegal conduct: erotic services could include lawful speech protected by the First Amendment and the section featured warnings not to post prostitution-related ads. CDA § 230 therefore barred the sheriff's claims.

Court Opinion Document: 
Jurisdiction: 

Stay in Touch

NSA Spying

EFF is leading the fight against the NSA's illegal mass surveillance program. Learn more about what the program is, how it works, and what you can do.

Follow EFF

¿En el #LACIGF2016? El martes compartiremos el informe: Vigilancia y privacidad en 13 países de America Latina

Jul 23 @ 6:52am

25 Members of Congress have launched a new bipartisan caucus to defend Fourth Amendment rights: https://www.eff.org/deeplinks...

Jul 22 @ 5:49pm

EFF & @APC_news are in Costa Rica for the #LACIGF2016. Join us for our join human rights event on July 26 at 9:00AM

Jul 22 @ 12:57pm
JavaScript license information