Craigslist has been taking hits left and right in the media lately, with the nightmarish story of the “Craigslist Killer” and accusations from all over that the site has become little more than a street corner that promotes prostitution. The area of the site that has come under particular attack is its “erotic services” section. Like the rest of the site, the page has offered a place to post ads free of charge, most of which have been from young women and men offering sexual and escort services, quoting hourly rates and containing suggestive, if not explicit, photos.
Craigslist decided last week to take down its erotic services section after the company’s attorneys met with the attorneys general of Illinois, Connecticut and Missouri. According to the Associated Press, the states’ officials demanded that the site pull ads they deem advertisements for illegal sexual activities.
“As of (May 13), for all U.S. Craigslist sites, postings to the erotic-services category will no longer be accepted,” the publication’s executives said in a statement. “In seven days, the category will be removed. Also effective today for all U.S. sites, a new category entitled ‘adult services’ will be opened for postings by legal adult service providers.
“Each posting to this new category will be manually reviewed before appearing on the site to ensure compliance with Craigslist posting guidelines and terms of use. New postings will cost $10, but once approved, will be eligible for reposting at $5,” the statement said. The main difference between the “erotic” services and the “adult” services sections is that now, all content of every ad will be reviewed by a human employee.
But for some, this isn’t enough. Attorney General Henry McMaster of South Carolina, who told Fox News in 2008 that he is seriously considering running for governor of South Carolina in 2010, has said he will launch a criminal investigation of Craigslist in connection with erotic ads appearing on the South Carolina page of the Web site. McMaster had given Craigslist until Friday afternoon to remove erotic material from its South Carolina listings before it prosecutes the company, citing its continuation “to display advertisements for prostitution and graphic pornographic material.” In response, Craigslist CEO Jim Buckmaster posted a blog telling McMaster he is out of line and requesting an apology.
The arguments Buckmaster cites are valid, and McMaster’s actions are indeed questionable. Craigslist should not get away with promoting illegal sexual activity any more than those engaging in it should. However, because Craigslist has shown responsibility and taken significant actions to stop postings for illegal activities, further intent to prosecute is excessive.
The legality of “graphic pornographic material,” especially on the Internet, is constantly under dispute in the United States. The Federal Communications Decency Act of 1996, which aimed to prohibit the “knowing” transmission of “indecent” messages to minors and the publication of materials depicted in a manner “patently offensive as measured by contemporary community standards, sexual or excretory activities or organs,” was challenged by the ACLU and both provisions were struck down by the U.S. Supreme Court in 1997, as they were ruled to limit the freedom of speech guaranteed by the First Amendment.
In addition, if Craigslist is to be targeted for containing ads promoting erotic services, so should the myriad other U.S. media companies that do the same. Live.com, which is owned and operated by Microsoft, contains multiple pages of links to escort services in South Carolina alone. Yellowpages.com, which is owned and operated by AT&T, offers 26 separate ads for escorts in Myrtle Beach, S.C. And, according to a Craigslist blog post, the “adult entertainment” section of Greenville, S.C.’s greenville.backpage.com, which is owned by Village Voice Media, has about 250 erotic ads, many of which quote prices for specific sex acts and feature close-ups of bare genitalia. This is not to mention the countless print media across the nation that feature escort and other such ads in their classified sections.
It is admirable that Craigslist, of its own accord, has decided to take action to stop the promotion of illegal activities on its site. However, the regulation of speech and expression is a fickle task, and one the First Amendment has dictated cannot be taken lightly. McMaster’s actions are rash, heavy-handed and of questionable legality, and appear to be little more than political posturing. If one media outlet should be targeted, all should be. Otherwise, potential gubernatorial candidates would do well to shift their focus away from racy advertising toward more pressing matters.
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