Backpage.com Wins Injunction Over Credit Card 'Pressure Tactics'

Backpage.com Wins Injunction Over Credit Card 'Pressure Tactics'

CHICAGO — A federal appeals court ruled yesterday that Cook County’s sheriff violated the First Amendment rights of Backpage.com by pressuring Visa and Mastercard to stop processing ad sales on the site.

The 7th U.S. Circuit Court of Appeals, in its decision to grant an injunction, said that Sheriff Thomas Dart’s claims that Backpage’s adult section is promoting illegal sex-related products or services didn’t justify his “pressure tactics” designed to shut it down.

Dart’s letters to the credit card companies alleged Backpage “promote[s] prostitution and facilitate online sex trafficking,” but he didn’t explicitly threaten legal action against them.

But just two days after the letters were received, both Visa and MasterCard announced they would no longer process transactions for Backpage customers.

“Visa and MasterCard bowed to pressure from Sheriff Dart and others by refusing to process transactions in which their credit cards are used to purchase any ads on Backpage, even those that advertise indisputably legal activities,” the 7th Circuit said.

In Monday’s ruling that reversed a district judge’s earlier ruling, the 7th Circuit ordered Dart to “take no actions … to coerce or threaten credit card companies, processors, financial institutions, or other third parties with sanctions intended to ban credit card or other financial services from being provided to Backpage.com.”

The 7th Circuit’s ruling extended a preliminary injunction against the sheriff granted two weeks ago by the same court.

Industry attorney Robert Corn-Revere, who represented Backpage, welcomed Monday’s decision.

“The 7th Circuit ruling reaffirms the bedrock First Amendment principle that the government cannot simply presume speech it dislikes is illegal; nor can it take unilateral action to restrict speech whether it uses formal or informal means,” Corn-Revere told XBIZ. “It means no matter how sanctimonious Sheriff Dart may get, he is not immune from the rule of law.”

View Monday's ruling

Related:  

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Adult Web Hosting Service 'Midnight-Host' Launches

Midnight-Host, a new web hosting service designed specifically for adult websites, has launched.

ASN Lifestyle Magazine Joins Pineapple Support as Media Sponsor

ASN Lifestyle Magazine has joined the ranks of over 60 adult businesses and organizations committing funds and resources to Pineapple Support, partnering with the organization as a media sponsor.

Adult Industry Reacts to Trump Victory

On Tuesday, former President Donald Trump was reelected, defeating Vice President Kamala Harris to reclaim the office he lost four years ago.

Fetisfy Online Fetish Marketplace Launches

Fetisfy.com, an online marketplace for users to sell fetish items, has launched.

Pineapple Support Launches 'Spill the Tea, Colombia' Community Support Event Series

Pineapple Support has launched "Spill the Tea, Colombia," a monthly, in-person community support event for adult industry professionals.

Streamster Launches 'Tip2Peep' Camera-Switching Feature

Live-streaming software provider Streamster has launched Tip2Peep, a new feature that allows viewers to switch between multiple webcam viewing angles by tipping the creator.

Tyler Wu Guests on Chaturbate's 'Sex Tales' Podcast

Tyler Wu is the latest guest on Chaturbate’s “Sex Tales” podcast, hosted by Melissa Stratton and Vanniall on the company’s “Camming Life” YouTube channel.

Fleshy to Launch Interactive Cam Site 'Eromote'

Male pleasure brand Fleshy has announced that it will launch an interactive, bidirectional cam site next month called Eromote.

XBIZ LA Show Introduces New 'Crib Crawl' Feature

XBIZ is pleased to announce that the 2025 edition of its flagship conference, the XBIZ Show, will debut a brand-new feature: Crib Crawl, offering attendees the chance to meet and greet representatives from leading brands and organizations in dedicated suites at the host venue.

Pre-Nominations Now Open for 2025 TEAs

The pre-nomination period for the 2025 Trans Erotica Awards (TEAs) is now open.

Show More