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Asked and Answered

Can Craigslist block political free speech?

March 5, 2012

Question

I have been block a number of times from posting on the political board on Craigslist.
I also have been threatened harassed and slandered by one poster on this site and a Craigslist tech  told me if I didn’t like it to just stop posting. My name and personal info has been posted by this harasser on the political site and even sex sites. I can’t believe if Craigslist is licensed by the Federal Gov. it can legally block my First Amendment Rights.

Answer

As you are aware, the First Amendment serves only as a limitation on the government; it does not constrain the activities of private persons and organizations who do not seek to use the government’s processes. As such, it does not restrict Craigslist as a private entity from controlling the content of its websites. I am not aware of Craigslist being licensed by the federal government; as a general matter, we do not in this country have a system for the licensing of media outlets, outside of the broadcast medium.

Holme Roberts & Owen LLP is general counsel for the First Amendment Coalition and responds to FAC hotline inquiries. In responding to these inquiries, we can give general information regarding open government and speech issues but cannot provide specific legal advice or representation.

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