Craigslist accused of ad discriminating

A federal lawsuit accuses the online site Craigslist of violating fair housing laws by publishing discriminatory classified ads, reviving the question of what legal boundaries, if any, should exist for postings on the Internet.

But legal experts say the lawsuit against Craigslist, a fast-growing online network of classified ads and forums, faces an uphill battle because of laws in place to protect online service providers.

The lawsuit, filed by a Chicago fair housing group in U.S. District Court last Friday, contends that Craigslist's Chicago site distributed more than 100 ads that violated the federal Fair Housing Act by excluding prospective buyers or tenants on the basis of race, gender or religion.

Among the housing ads cited as objectionable by the Chicago Lawyers' Committee for Civil Rights Under Law Inc. were ones that read "NO MINORITIES," "Requirements: Clean Godly Christian Male," and "Only Muslims apply."The site last month added a yellow link on each housing ad warning that "Stating a discriminatory preference in a housing post is illegal." When clicked, users get information about the Fair Housing Act and guidance on how to write ads that comply.

Several Internet law experts said the suit seems likely to fail, citing a 1996 federal law that says an online service provider isn't considered a publisher or a speaker when it merely passes along information provided by someone else.

Jennifer Rothman, a law professor at Washington University in St. Louis, called it "a complete nonstarter" despite legitimate concerns about discrimination.

"Congress decided it was more important not to chill speech on the Internet and not to shut down these Internet providers," she said. "If you start holding them responsible, essentially you shut down the business."

•	Craigslist Accused of Ad Discriminating Washington Post, Thursday, Feb. 9, 2006 Byline: Dave Carpenter, The Associated Press

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