Greg's Corner

Court gives go ahead to prosecute Backpage heads

Backpage CEO Carl Ferrer

For the better part of a year, the state of California has been trying to prosecute the CEO and founders of Backpage on prostitution and money laundering charges. Attorneys for Backpage CEO Carl Ferrer and Backpage founders Michael Lacey and Jim Larkin have repeatedly claimed the three men are protected by the First Amendment. After their first arrest, the three men did have pimping charges against them dismissed, however, the state came back and charged them with money laundering in addition to pimping.

After their second arrest, the Senate Subcommittee on Investigations would gather evidence the committee says shows Backpage knowingly edited their ads to hide any references to underage girls being advertised on their site for sex. Another crushing blow to Backpage was when the Washington Post uncovered documentation which claimed Backpage was copying and soliciting ads for their adult sections. Backpage’s facade of free speech was now crumbling.

Yesterday, the Sacramento County Superior Court overruled defense dismissal motions, meaning prosecution against Ferrer, Larkin and Lacy can proceed. The trio is looking at 25 counts each of money laundering and conspiracy to use Backpage to profit from sex trafficking. California Attorney General Xavier Becerra has promised to prosecute this case vigorously.

“Today’s victory doesn’t exact justice just yet against those who would prey on vulnerable young women and men. But it brings us a step closer.”

If it can be proven Backpage knowingly edited their ads to allow underage girls to be trafficked on their site, it negates their protection under the Communications Decency Act. The CDA states that websites aren’t responsible for the content posted by users, however, if the Backpage was editing the ads, that makes Backpage the content creators themselves, which not only opens them up for further prosecution but lawsuits from their victims as well.

Hopefully, this ruling by the Sacramento County Superior Court is a sign of things to come where the victim’s of Backpage sex trafficking can finally receive the justice they deserve.