Greg's Corner

Anti-trafficking group uses new approach to sue Backpage

Backpage has been no stranger to lawsuits in its controversial history. In the past, many of its lawsuits have been dismissed due to protections afforded them by the Communications Decency Act of 1996 which stated that a website was not responsible for third-party content posted by a user. Even with the Allow States and Victims to Fight Online Sex Trafficking Act (FOSTA) being passed into law and the criminal charges being filed against Backpage, a lawsuit win against Backpage still isn’t a slam dunk. However, an anti-trafficking group from Florida is trying a new tactic in an attempt to ensure judicial success against the website.

In one of their arguments, Florida Abolitionist is claiming that Backpage violated the 13th Amendment rights of the women FA is representing by allowing them to be trafficked on Backpage’s listings. For those of you who may not be familiar with the 13th Amendment, it’s the Amendment that was supposed to end slavery in the United States. The text of the Amendment states…

Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

While the 13th Amendment was designed to end slavery in the wake of the Civil War, the Amendment has rarely been used to show a violation of rights has been committed. With Former Backpage CEO Carl Ferrer recently admitting that Backpage was complicit in the practice of sex trafficking, maybe we’ll see a new landmark case where the 13th Amendment is instrumental in addressing the future rights of trafficking victims.