7th Circuit Orders Cook County Sheriff to Back Off Backpage.com

7th Circuit Orders Cook County Sheriff to Back Off Backpage.com

CHICAGO — A federal appeals court this week ordered the Cook County Sheriff’s Department to halt lobbying major credit card companies that do business with Backpage.com.

Cook County Sheriff Tom Dart was sued by Backpage in July after he successfully placed pressure on Visa and MasterCard to stop processing credit card transactions for Backpage. Dart said the the pressure was necessitated by “years of growth in the ... sex trade.”

In its order, the 7th Circuit U.S. Court of Appeals issued a ruling forbidding Dart's office from "taking any actions to formally or informally request, direct, persuade, coerce, or threaten credit card companies" to get them to terminate relationships with Backpage.

The appellate ruling does not affect Backpage's ongoing federal suit against Dart that seeks damages for what the online classifieds ads site claims was a crippling financial blow.

Industry attorney Larry Walters of Walters Law Group said the ruling by the 7th Circuit establishes important legal precedent in the field of "intermediary liability." 

“The court recognized that a sheriff must be very careful in what he says, when acting in his official position,” Walters told XBIZ. “By forcing the credit card companies to bend to his will, the sheriff engaged in an extra-judicial censorship campaign which is forbidden by the First Amendment. 

“At the hearing on this matter, Judge Posner — the author of the opinion — openly questioned the government's view that Backpage facilitated the ‘violent industry’ of sex trafficking:  ‘Is phone sex violent? What about all the old men who would like to be seen with a young woman on their arm? It’s not all sex. Even if Backpage abandons escorts and body rubs and so on … it’s really just a dating service…. I think it’s outrageous that it’s violence, and so forth.’”

Walters said that as state and federal agencies jump on the “prosecution bandwagon” against online advertising networks, this week’s decision raises important questions about the legitimacy of the targets. 

“Holding an online service provider responsible for the postings of a third party user threatens the very functionality of the internet,” Walters said. “Fortunately, the 7th Circuit made the right call in this politically charged environment.” 

Backpage was joined by other non-party groups in separate friend-of-the court briefs in Backpage's appeal at the 7th Circuit. Those groups included The Center for Democracy & Technology, Electronic Frontier Foundation, Association of Alternative Newsmedia, CATO and Reason.

   

Related:  

Copyright © 2025 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

JuicyAds Wins Trademark Infringement Case Against Fraudulent Domain

JuicyAds has won its World Intellectual Property Organization (WIPO) case against a website using a similar domain to impersonate the company's site and defraud customers.

Anissa Kate, Jordan Starr Top AEBN for Q2 of 2025

AEBN has published its top-selling stars for the second quarter of 2025, with Anissa Kate landing atop the leaderboard for straight theaters and Jordan Starr heading up the gay rankings.

AEBN Reveals Eva Maxim as Top Trans Star for Q2 of 2025

AEBN has published its top trans stars list for the second quarter of 2025, with Eva Maxim landing atop the leaderboard.

France Reinstates Age Verification Rule for EU Sites

France’s highest court, the Council of State, on Tuesday reinstated age verification rules for EU-based sites under the country’s Security and Regulation of the Digital Space (SREN) law, ruling in favor of the French government and against Hammy Media.

Whisper Fans Joins Pineapple Support as Supporter-Level Sponsor

Whisper Fans has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

Utherverse Launches 'Red Light Center' Virtual World

Virtual reality and metaverse technology company Utherverse has launched its new virtual world, RedLightCenter.io.

European Commission Approves AV Guidelines, Unveils Prototype App

The European Commission on Monday released its final, approved guidelines for protecting minors online under the EU’s Digital Services Act (DSA) and made public a “white label” age verification app intended to help sites and platforms comply with age verification rules under the DSA.

New Membership Site 'Sluts Corner' Launches

R18 Entertainment has launched a new membership site, SlutsCorner.com.

Show More