Judge Sides with Craigslist, Nerfs Prosecutors

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A judge in South Carolina issued a temporary restraining order blocking the state’s Attorney General from pursuing Craigslist. The South Carolina AG Henry McMaster has been increasingly vocal in its objection and intent to pursue Craigslist. This prompted Craigslist to sue for declaratory judgment and injunctive relief.

Until the court rules on the merits of Craigslist’s claims, defendants and their attorneys and staffs shall refrain from initiating or pursuing any prosecution against Craigslist or its officers and employees in relation to content posted by third parties on Craigslist’s website.

Craigslist isn't in the clear – TROs are fairly standard in similar cases are used to maintain the status quo. However in maintaining the status quo, Craigslist is essentially free from worry until the South Carolina AG can otherwise present a theory that outweighs the safe harbor granted to Craigslist under the Communications Decency Act, section 230, which holds that website owners cannot be held criminally or civilly liable for postings of its users.