Dec 21, 2023
We’re joined today by Elizabeth Nolan Brown, Robert Corn-Revere, and Ronnie London to discuss the history and verdict of the Backpage trial.
Backpage.com was an online classified advertising service founded in 2004. As a chief competitor to Craigslist, Backpage allowed users to post ads to categories such as personals, automotive, rentals, jobs and — most notably — adult services. In 2018, the website domain was seized by the FBI and its executives were prosecuted under federal prostitution and money laundering statutes. The trial concluded this year, resulting in the acquittal and convictions of several key executives.
Some First Amendment advocates are concerned that the Backpage case represents a “slippery slope” for the prosecution of protected speech and the rights of websites that host user-generated content.
Elizabeth Nolan Brown is a senior editor at Reason Magazine, where she has written about the Backpage case in detail.
Robert Corn-Revere is FIRE’s chief counsel and a frequent guest of the show. Prior to joining FIRE, he represented Backpage in private practice.
Ronnie London is FIRE’s general counsel and another frequent guest of the show. He also represented Backpage when he was in private practice prior to joining FIRE.
Timestamps
00:00 Introduction
06:55 The origins of Backpage
10:40 The significance of classified ads
14:52 Are escort ads protected?
19:07 Federal memos indicating Backpage fought child sex trafficking
23:19 Backpage content moderation
34:44 Section 230 of the Communications Decency Act
42:59 “De-banking” and NRA v. Vullo
52:24 The verdict
1:00:34 Could these convictions be overturned?
1:02:49 Outro
Show notes
Elizabeth Nolan Brown’s 2018 Backpage profile
Section 230 of the Communications Decency Act