Backpage.com Sues U.S. Government Over SAVE Act

Backpage.com Sues U.S. Government Over SAVE Act

WASHINGTON — Backpage.com, noting that “censorship is not a solution to human trafficking or child exploitation,” will now be taking on the federal government in an effort to keep on selling adult advertising with impunity on its site.

Fresh from a injunctive victory against Cook County Sheriff Tom Dart after he asked credit card companies to stop doing business with the site, Backpage.com on Friday filed a civil claim against U.S. Attorney Loretta Lynch, claiming that the recently passed Stop Advertising Victims of Exploitation (SAVE) Act is unconstitutionally vague, overbroad and infringes on its First Amendment rights. 

The SAVE Act imposes a 10-year mandatory minimum sentence and up to life imprisonment for anyone found in violation of the statute, which allows sex-trafficking charges against user-generated platforms that allow advertising involving a victim of sexual exploitation.

“Many experts and law enforcement officials agree that politically-motivated responses, including whack-a-mole censorship against one website after another, are ill-advised and will accomplish nothing,” Backpage.com said in its suit. “They advocate that a better approach is to use the Internet and to work with cooperative website providers such as Backpage.com to identify, investigate and prosecute illegal conduct and rescue victims.”

Backpage.com, led by attorney Robert Corn Revere, stated that contrary to statements of some of the SAVE Act’s Congressional supporters, criminal liability cannot constitutionally be imposed on a website merely for providing a forum for speech that some individuals misuse for sex trafficking.

“Given the enormous volume of third-party content they receive and disseminate every day, websites cannot possibly review every post to guarantee nothing is unlawful,” Backpage.com said.

As the law is written, Backpage.com said, the SAVE Act fails to give websites, publishers and others a “reasonable opportunity to know what conduct is prohibited and what is permitted.”  

“With all its vagaries, the act could allow ad hoc and subjective interpretations by prosecutors with attendant dangers of arbitrary and discriminatory application. And, given the severe penalties under the act — up to life imprisonment — the risks and likely speech-chilling effect of the law is also severe.”

With the suit, Backpage is seeking a declaratory judgment stating that the SAVE Act's language with regard to websites, publishers or other parties that distribute or disseminate speech are unconstitutional under the First and Fifth Amendments.

Filed in Washington, the federal suit also is seeking a permanent injunction enjoining prosecution, enforcement or criminal liability, as well as attorneys fees.
 

View Backpage.com's SAVE Act lawsuit

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

European Industry Initiative Open Mind AI Asks EU to Be Included in AI Legislation Debate

New European industry initiative Open Mind AI penned a letter asking EU authorities to include adult companies and creators in ongoing discussions on setting up a legal framework for AI content.

Canadian Law Professor: Proposed Age Verification Bill 'Will Make Things Worse'

Leading Canadian newspaper The Globe and Mail this week published an op-ed written by a legal scholar outlining fundamental issues with the Conservative-backed age verification bill currently making its way through Parliament.

UK Labour Government Confirms it Will Continue Baroness-Led 'Porn Review'

The U.K. Labour government of Prime Minister Keir Starmer has confirmed it will continue the controversial full review of British pornography laws ordered by former Tory Prime Minister Rishi Sunak in July 2023.

AEBN Publishes Popular Searches for July and August

AEBN has released the top search terms for the months of July and August from its straight and gay theaters in all 50 states and the District of Columbia.

SWR Data Survey Probes Concerns About Political Attacks on Industry

SWR Data, an adult-sector market research firm led by industry veterans Mike Stabile and MelRose Michaels, has released data from its upcoming 2024 State of the Creator report, illustrating creators’ concerns about political attacks on the industry.

FSC Urges SCOTUS to Strike Down 'Unconstitutional' Texas Age Verification Law

The Free Speech Coalition (FSC) urged the U.S. Supreme Court through a brief filed Monday to strike down Texas’ age verification law as unconstitutional.

Japanese Manga Industry Hit by Credit Card Companies' Anti-Porn Restrictions

Japanese manga retailers are reporting pressure from multinational credit card companies — many based in the U.S. and targeted by anti-porn religious conservatives — to censor their content if they wish to maintain their current payment processing arrangements.

Netherlands Government Continues Porn Probe Following Abuse Allegations

The Dutch government plans to continue investigating the local porn industry in the Netherlands, following a series of abuse allegations involving photographer and self-styled “model scout” Daniël van der W.

Clips4Sale Releases '20 Years of Fetish' Data Survey

Clips4Sale (C4S) has released a report based on 20 years of data and analysis to show how kink and fetish tastes have changed since the site began.

Grooby, Yanks Ink Website Management Deal

Grooby will begin managing Yanks.com under a new company, Blue.xxx.

Show More