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Craiglist Cleared in Biased-Postings Suit

Latest in a series of rulings protecting free speech on the Web

March 16, 2008 

Civil rights attorneys in Chicago had argued that the site should be held responsible for apartment rental and home sale listings that specify racial or ethnic preferences.

But the court said the Communications Decency Act protects Web sites from liability for third-party postings. It's the latest in a series of similar rulings.

A staff attorney for the Electronic Frontier Foundation, Kurt Opsahl, said the ruling was "good news."

The protection provided by the law is essential to the Internet's free operation, he said.

Craigslist allows users to flag inappropriate language or material and removes postings that are identified as violating its terms of service.

The appeals court noted that while Craiglist does not actively ban discriminatory postings, it does not encourage them either.

"Nothing in the service Craigslist offers induces anyone to post any particular listing or express a preference for discrimination," the court held.

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