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

New Kickstarter Rules Ban Fundraising for Adult Content, Products

Crowdfunding platform Kickstarter has posted new “Mature Content” rules banning projects that involve adult content and sextech.

WebGroup Czech Republic Settles Florida AV Suit, Will Pay $1.2 Million

WebGroup Czech Republic (WGCZ), the parent company of XVideos, XNXX, BangBros and GirlsGoneWild, has settled a lawsuit filed by the state of Florida over those sites’ alleged failure to age-verify Florida users before allowing access to adult content.

AEBN Publishes Popular Searches for March, April

AEBN has published the top search terms for March and April from its straight and gay theaters in all 50 states and the District of Columbia.

Ofcom Investigates Two Sites Over Possible AV Violations

U.K. media regulator Ofcom on Wednesday launched investigations into two adult sites as part of its age assurance enforcement program under the Online Safety Act (OSA).

Brazzers Launches Model Management Division 'Brazzers Creator'

Brazzers has launched its new full-service model management division, Brazzers Creator, offering content management services across multiple platforms.

FTC Promises 'Vigorous' TAKE IT DOWN Act Enforcement

The Federal Trade Commission is warning platforms that the agency will strongly enforce the notice-and-removal requirements of the TAKE IT DOWN Act, which go into effect next week on May 19.

STD Hero Joins Pineapple Support as Sponsor

Better Life Science brand STD Hero has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

2026 XBIZ Miami Speaker, Open-Floor Conversation Guide Lineup Announced

XBIZ is pleased to announce the release of the full speaker lineup for XBIZ Miami, the latest edition of the adult industry’s premier summer conference, set to take place May 11-14 at the Goodtime Hotel in Miami Beach.

2026 XBIZ Miami Conference Schedule Announced

XBIZ is pleased to announce the release of the full show schedule for XBIZ Miami, set to take place May 11-14 at the Goodtime Hotel in South Beach.

Court of International Trade Rejects Trump 'Replacement' Tariffs

The U.S. Court of International Trade on Thursday ruled that President Trump’s 10% global tariff under the Trade Act of 1974, imposed after the Supreme Court invalidated the administration’s broad “Liberation Day” tariff regime, is illegal — but stopped short of a nationwide injunction against the tariff.

Show More