Craigslist on the defense
More than 150 housing ads posted on Craigslist have been found to be discriminatory. Although this has led to a lawsuit, it has also raised two important issues:
1. Since Fair Housing Act passed 40 years ago has worked effectively to prevent discriminations in traditional media, internet companies are not subject to assessment yet. Hence this is a loophole that will need further examinations.
2. Second, and more importantly, such lawsuits often undermine the individual rights to free speech which are constitutionally protected. We have seen how in the name of preventing online pornography dissemination, quite a few draconic legislations were proposed in the past. And with their potential for abuse of free speech, none of the legislations saw the light of the day. Hence when Craigslist officials question some of the allegations as involving constitutionally protected free speech and the right to free association, then they could withstand the trial with success as well.
In either case, the Chicago lawsuit might reopen the new media debate of free speech. With the liberally progressive Craigslist forum being targeted this time, its more than what meets the eye. And in all possibility, since there is no editorial control over Craigslist content, the instances of vandalism might have been intentionally orchestrated by motivated rabble rousers.
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