Free Speech Threatened Even Before Trump’s Win: Backpage Battle Continues (TWEETS/VIDEO)

In the wake of a Trump presidency tensions are high and reports of hate crimes have increased. But hate is not all that is in stake as Trump prepares to take office. The First Amendment right to freedom of speech and the press is too.

In blatant disregard to the Communications Decency Act, the CEO and owners of the site Backpage were charged criminally for content on their site posted by users. Backpage CEO Carl Ferrero, and site owners Michael Lacey, and Jim Larkin were charged with nine counts of pimping, with five counts involving minors.

A guilty sentence could result in up to 21 years in prison.

The Communications Decency Act protects third parties from being liable for content that others post on their site. Senator-Elect Kamala Harris knew this before moving to press charges in what many have called a pre-election publicity stunt.

As reported by Reason,

“She can’t claim ignorance: three years ago, Harris was one of several state attorneys general who pleaded with Congress to change the law so that they could prosecute Backpage, specifically admitting that, as is, Section 230 “prevents state and local law enforcement’ from doing so. Congress said no.”

Just as the owner of Craigslist can not be liable for the advertisement of stolen property, a dating website is not liable for a predator creating a profile, and Backpage should not be held liable for the advertisements displaying exploited victims.

Backpage employs staff to monitor the adult section, and that staff reports ads thought to include minors directly to the Center for Missing and Exploited Children. Backpage also has a record of cooperating with law enforcement.

Wednesday morning, the motion to press criminal charges against the Backpage CEO Carl Ferrero, and site owners Michael Lacey, and Jim Larkin was tentatively dismissed.

Harris will have until November 28 to present evidence that Backpage created the offensive content that led to the trafficking of minors. A response is expected by the defense on December 5, and a ruling is expected December 9.

Outside of the courtroom, SWOP Sacramento, a local branch of Sex Worker’s Outreach Program, held a press conference in support of Backpage. Sex workers and survivors of human trafficking gathered to explain how shutting down such sites makes these men and women more vulnerable to abuse.

Kimberlee, a founder of SWOP began by explaining why people work in the sex trade:

“Economic need, and because some people are socially discriminated against. They can’t get jobs in other areas. Sex work is a source of survival for many people, and when we shut down sites like Backpage.com we create more problems for the individuals we are most concerned about.”

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Image © Adeline Louvelle, Liberal America

A young survivor of human trafficking who identified herself as Monroe explained what happened to her when Redbook, a site she had been advertised on, shut down.

The now pregnant young woman apologized for bursting into tears as she explained,

“We get pushed to the street… in and out of cars that we don’t know.”

Kristen DiAngelo, a survivor of human trafficking and local leader for SWOP Sacramento explained that the removal of sites used to advertise exploited people does not cease the exploitation of those people. On the contrary it pushes them further underground and puts them at greater risk.

“What happens when we take down online venues is that the people that were on those venues get pushed to the streets… We see women saying, ‘I was safer and at least I was surviving while I was on the internet”

DiAngelo also explained how the criminalization of prostitution hurts sex workers as well as exploited victims of trafficking.

“The workers are too scared to call 911, so what happens is they begin to accept rape and pimping and all those things that we say we are fighting against taking down those sites. That becomes a reality on a daily basis.”

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Image © Adeline Louvelle, Liberal America

The fear of calling 911 is justified, and beyond the fear of arrest. Studies have found it common place for those in the sex trade to report abuse from the police. SWOP Sacramento displayed findings from one of their study of sex workers. In the study, 27 percent of respondents reported police abuse.

An ally at the press conference holds a sign as a reminder that:

“I was trafficked by the police … Will you save me too???”

 

 

Featured Image By  Adeline Louvelle, Liberal America Author