It would seem that the legal drama in Chicago involving Craigslist.org is far from over. The victory that the company has achieved in the November 2006 decision may be challenged again on appeal. However, Craigslist is confident that the judgment in the lower court will be upheld and the appeal will be dismissed eventually.
The controversy stems from a complaint filed by the Chicago Lawyer’s Committee for Civil Rights under Law in February 2006 against Craigslist.org. The primary cause of action of the case was for alleged violation of the latter of the Fair Housing Act. The said Act prohibits the publication of any discriminatory statements based on an individual’s race, national origin, sex, religion or any other criteria indicating bias or prejudice when selling or renting out a dwelling place.
In November 2006, Judge Amy St. Eve of the US District Court ruled in favor of Craigslist.org relying on a different law – the Communications Decency Act. The court stated that Craigslist’s service falls within the description provided under the Communications Decency Act as an “interactive computer service”. Therefore, Craigslist is not a publisher as defined under the Fair Housing Act that exercises complete control with respect to editorial content. Nonetheless, the Lawyer’s Committee filed a brief to the Seventh Circuit Court of Appeals for a reversal of the contested ruling.