7th Circuit: Sheriff must stop asking credit card companies to cease business with Backpage.com
A federal appeals court has ordered Cook County, Illinois, Sheriff Thomas Dart to stop taking any action—formally or informally—that seeks to persuade credit card companies not to do business with Backpage.com.
The Chicago-based 7th U.S. Circuit Court of Appeals granted the injunction Monday pending an appeal by Backpage, which contends Dart’s actions violated its First Amendment rights. USA Today, MediaPost and the Chicago Tribune have stories.
The injunction directs Dart to send a copy of the order to Visa, Mastercard and any other companies that received letters from Dart in June.
Dart contends Backpage.com has aided sex trafficking through its online ads for adult services.
Backpage’s lawyer, Bob Corn-Revere, said in oral arguments on Friday that the issues go far beyond Backpage, according to the MediaPost account. “This issue of trying to put pressure on intermediaries to regulate speech that is disfavored by the government has broad applications,” Corn-Revere said, “and if Sheriff Dart is not enjoined would be used as a tactic across the board.”
Lawyers for Dart, on the other hand, argued the sheriff had a First Amendment right to express his opinion to the credit card companies. Judge Richard Posner was skeptical in oral arguments, according to the USA Today report.
“He can use the office of the sheriff to express any antipathy that he has to anything?” Posner asked. “So you’re saying there is no limit? He can express his opinion on his office stationery on any subject that occurs to him. What if he doesn’t like pets? He doesn’t think people should have animals in their house. He can suggest to everyone they euthanize their pets?”
Related article:
ABAJournal.com: “Backpage sues sheriff over letters to credit card companies”
Typo corrected on Nov. 30.
