So to Speak: The Free Speech Podcast

Ep. 202: The backpage.com saga

Dec 21, 2023

Guests Elizabeth Nolan Brown, Robert Corn-Revere, and Ronnie London discuss the Backpage trial—FBI seizure, federal prosecution, and concerns about protected speech and website rights. They also dive into the history of Backpage, the significance of classified ads, the protection of escort ads, content moderation, and federal memos. The podcast explores the implications of the case on free speech, the importance of Section 230, and the impact of federal financial regulators.

01:03:38

Creator website

Episode guests

Ronnie London

Robert Corn-Revere

Elizabeth Nolan Brown

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Episode notes

Podcast summary created with Snipd AI

Quick takeaways

The government used the Backpage case to test their prosecution methods and push for amendments to Section 230, potentially impacting online companies hosting user-generated speech.

Backpage faced allegations of facilitating prostitution and human trafficking, but there was no evidence to support the trafficking claims, highlighting the company's cooperation with law enforcement.

The Backpage case emphasizes the importance of the First Amendment and Section 230 in protecting websites, enabling free speech, and defending against government pressure.

Deep dives

The Government's Agenda: Testing Prosecution Methods

The government saw the Backpage case as an opportunity to test their prosecution methods and push for amendments to Section 230 or to target other online companies that allow user-generated speech. By framing the case as involving prostitution and sex trafficking, they knew that many people would be reluctant to defend or closely examine the issue. This strategy allowed them to perfect their playbook and extend their prosecutions to companies unrelated to sex. However, the allegations that Backpage facilitated child sex trafficking were proven false, as the company had a track record of cooperating with law enforcement and actively working to combat trafficking.

Introduction

2min

Introduction to the Backpage.com case and its history

2min

The Controversy Surrounding Backpage

7min

The Rise and Migration of Classified Ads

16min

Government Operations and First Amendment Implications

8min

The Importance of Section 230 in Protecting Third-Party Speech on the Internet

8min

Impact of Federal Financial Regulators on Backpage

19min

Analysis and Implications of a Specific Case

2min

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