Adult Lawyer Walters Addresses User-Post Sites on CNBC

NEW YORK — Sought out for his expertise on 1st Amendment issues, adult industry attorney Lawrence Walters appeared on the CNBC TV show "Power Lunch" today, to discuss the question of whether user-post websites are liable for illegal speech and conduct of site users.

Appearing with former federal prosecutor Jay Fahy and regular "Power Lunch" contributor Herb Greenberg, Walters and the panel discussed the question of whether CraigsList can be held legally liable for advertisements posted to the site by escorts and prostitutes seeking out clients.

Host Sue Herara opened the discussion by asking Fahy how the advertisements posted to CraigsList.com by escorts differed from similar ads that such people might take out in newspapers. Fahy responded that the ads on CraigsList are “a lot more specific.”

“[The] ads in the newspapers are not super-explicit, you can kind of subtly read through the lines,” Fahy said. “On CraigsList, it’s very specific. They use acronyms to describe different types of sex acts; they even have costs in there, they say ‘this half hour will cost you 160 roses, an hour will cost you 200 roses.’ I mean, any idiot knows they aren't talking about roses, they’re talking about dollars.”

Fahy also noted that many of the ads on CraigsList include photographs, “so it’s very obvious what they're doing on CraigsList, as opposed to it being a little more subtle with a newspaper.”

Seizing on Fahy’s point about the explicit nature of some CraigsList postings, Herera turned next to Walters and asked “Some people say it's almost like visiting a pornographic site in and of itself, which brings us to the liability question. Do you think that CraigsList should be held liable, or should even be permitted to construct the sites the way they are?”

“There’s nothing illegal about visiting a pornographic site, or operating a pornographic site,” Walters said. “As far as CraigsList and websites like it, they’re in a fairly good legal position. They are protected by certain federal laws, the Communications Decency Act being one, and it’s very difficult … for the government to hold a media outlet responsible for the content or conduct of advertisers or people responding to advertisements.”

Walters added that CraigsList’s legal position was aided by the fact that “you have hundreds of thousands if not millions of advertisements being posted to the website at any given time, and it would be very difficult to show any kind of level of knowledge that would be required to impose criminal liability, for example, on CL under aiding and abetting statutes or conspiracy.”

Asked to respond to Walters’ point, Fahy said that it was “basically accurate,” and added that CraigsList’s international nature meant that the question was “not something that U.S. law is going to end up controlling at the end of the day.”

In a postshow interview, Walters told XBIZ that the legal question at hand — whether CraigsList could be held liable for the content of advertisements posted by users — was very much relevant to the adult industry, and particularly salient for people who operate message boards and blog sites that allow users to reply.

“Anybody who operates a user-submission site should be interested, because the legal issues are identical,” Walters said.

Asked about the overall tenor of the discussion, Walters said he was particularly struck by the way that Herara framed her initial question to him such that it suggested that pornographic websites are somehow inherently illegal.

“That’s the perception — that there’s something inherently illegal or wrong about operating adult sites,” Walters said. “And this is from the host of a major national news show. This shows that we have a ways to go to educate people that the protections of the 1st Amendment do extend to the legitimate adult industry and its products.”

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

U of Wisconsin Lawyers Admit to Political, Donor Pressure to Terminate Prof. Joe Gow Over OnlyFans Content

Lawyers for the Universities of Wisconsin admitted during a hearing Friday that the institution has received pressure from a Republican politician and from a donor to strip veteran UW professor of communications Joe Gow of tenure for unremorsefully creating and appearing in adult content.

Heritage Foundation Leader Kevin Roberts Doubles Down on Defense of Anti-Porn Project 2025

Heritage Foundation and current Project 2025 leader Kevin Roberts appeared on Fox News' Special Report with Bret Baier on Wednesday to defend the controversial conservative initiative, which includes a call to criminalize the production and distribution of pornography.

Open Mind AI Seeks Inclusion in EU's AI Debate

New European industry initiative Open Mind AI has 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 Labour government of U.K. Prime Minister Keir Starmer has confirmed it will continue the controversial full review of British pornography laws ordered by former Conservative Prime Minister Rishi Sunak in 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.

Show More