Backpage Appeal Is of ‘Critical Importance,’ Industry Attorney Says

Backpage Appeal Is of ‘Critical Importance,’ Industry Attorney Says

CHICAGO — A recently filed amicus brief from the CATO Institute and the Reason Foundation in the Backpage case debunks the repeated myths circulated about sex trafficking and highlights the governmental efforts to conflate prostitution with trafficking, according to industry attorney Lawrence Walters.

CATO and Reason’s friend-of-the court brief to the 7th U.S. Circuit Court of Appeals asks for the court to reverse a lower court’s decision to deny a preliminary injunction request that would have forced Cook County Sheriff Tom Dart to retract statements he made in lobbying credit card companies to block their cards from being used to buy sex ads on Backpage.com.

In August, U.S. District Judge John Tharp wrote that the “cease and desist" letters Dart wrote to Visa and Mastercard warning them that Backpage was a haven for prostitution and human trafficking could have been construed as threats.

However, Tharp said that they did not amount to censorship, since the sheriff had no legal authority to force the credit card companies to act.

The ruling doesn’t affect Backpage’s lawsuit against Dart seeking damages for what website claims was a crippling blow to its business model.

Dart has maintained that there have been years of growth in sex trade, driving demand even higher and increasing the enslavement of prostituted individuals, including children.

Backpage claimed that the sheriff’s actions have "effected an informal extralegal prior restraint of speech without due process.”

“The facts laid out in this amicus brief convincingly debunk the oft-repeated myths regarding the scope and nature of sex trafficking in the U.S.,” industry attorney Lawrence Walters told XBIZ. “Media outlets feed on the hysteria, and eagerly recite claims that trafficking is on the rise — usually without any verification of the underlying facts.

“However, as pointed out in the brief, the incidence of sex trafficking victims may actually be on the decrease in recent years. Previous estimates regarding the shocking number of ‘victims’ appear to be no more than guesses, or calculations of ‘at risk’ juveniles.”

Even the Government Accountability Office has expressed doubt regarding their accuracy, Walters noted.

“Nonetheless, these faulty statistics have been the basis for numerous recent trafficking laws, which impose harsher penalties and permit enhanced surveillance techniques. Add in the perverse incentives given to law enforcement to make more arrests, and the parallels to the failed ‘War on Drugs’ could not be more apparent.

Walters said it was interesting to note the increasing conflation of the concepts of sex trafficking with garden variety prostitution.

“Blurring the lines between these two very distinct offenses is at the heart of the anti-sex trafficking movement’s effort to eliminate the entire sex trade,” he said.

Walters said that ironically, as noted by amicus curiae, Sheriff Dart’s focus on cutting off credit card processing for Backpage eliminates an important tool for law enforcement to investigate and prosecute real trafficking cases.

“Credit cards leave a digital footprint that can provide critical evidence in criminal prosecutions. By eliminating this payment method, Sheriff Dart appears to be imposing a self-inflicted wound, resulting in less effective law enforcement.

“Perhaps most importantly, the brief points out the key error committed by the trial court in denying the injunction requested by Backpage: It presumed that most if not all escort ads on Backpage were illegal, without any actual review of the evidence.

“The First Amendment requires the opposite. Speech — even commercial speech — is presumed to be protected until proven otherwise by the government. The outcome of this case will be of critical importance to advertising networks and the development of free speech jurisprudence.”

CATO and Reason were joined by other non-party groups in separate friend-of-the court briefs in Backpage's appeal at the 7th Circuit. The Center for Democracy & Technology, Electronic Frontier Foundation and Association of Alternative Newsmedia filed their cases against the lower court ruling.

View amicus brief

Related:  

Copyright © 2026 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

UPDATED: Court Approves Class Action in Labor Claims Against VMG

A U.S. district court has granted class certification in a civil lawsuit filed against Vixen Media Group (VMG) by retired performer Kenzie Anne, making it possible for additional performers to join in a class action against the company.

Brazil Invites Public Input on Guidelines for New Digital Law

Brazil’s National Data Protection Authority (ANPD) is soliciting public comments to help improve interpretation and application of the country’s Digital Statute for Children and Adolescents (Digital ECA), which requires adult websites to age-verify users located in Brazil.

X3 Expo Unveils Euro All-Stars for Inaugural Amsterdam Edition

X3 Expo, Hollywood's premier adult entertainment expo, makes its European debut at Passenger Terminal Amsterdam Sept. 11-12, bringing together fans, creators, and industry insiders for the Continent’s largest assembly of adult entertainment stars, alongside a dazzling lineup of attractions spotlighting the cutting edge of modern media and pleasure tech.

2026 Pornhub Awards Nominees Announced

The list of nominees has been revealed for the eighth annual Pornhub Awards, presented by gaming platform 1win, which will be held May 27 in Los Angeles.

AEBN Publishes Popular Searches by Country for February, March

AEBN has released the list of popular searches from its straight and gay theaters, by country, for February and March.

BranditScan Rolls Out 'UrLinks' Platform Feature

BranditScan has introduced its new UrLinks homepage feature for creators.

UK Outlaws Content Featuring Choking, Adults Portraying Underage Characters

The U.K.’s Crime and Policing Bill received final passage in Parliament on Monday, including provisions criminalizing depictions of “non-fatal strangulation” as well as sexual content in which adults portray underage characters.

Grooby Launches 30th Anniversary Campaign

Grooby is celebrating its 30th anniversary with a showcase campaign featuring 30 of the studio's newest models.

Island Conference Joins ASACP as Media Sponsor

Island Conference has signed on as an in-kind media sponsor for the Association of Sites Advocating Child Protection (ASACP).

Elly Clutch, Girthmasterr to Host 2026 XMA Creator Awards

XBIZ is pleased to announce Elly Clutch and Girthmasterr as co-hosts of the 2026 XMA Creator Awards, presented by premium creator platform Fansly.

Show More