The Craigslist website defines itself as "a community-moderated commons run by and for its users, who self-publish and manage their own ads and use a flagging system to police the site." Which led to the "Fair" Housing Lawsuit against Craigslist by the CLCCRUL, a non-profit that works to stop discriminatory housing practices - to be dismissed on the grounds that internet sites can not legally be held liable for content posted by users. Unlike, a newspaper that is defined as a publisher and held responsible for such morally wrong and evil content.
The Fair Housing Act makes it illegal "to make, print, or publish ... any notice or statement with respect to the sale or rental of a dwelling that indicates any preference, limitation or discrimination based on race, color, religion, national origin, sex, disability or family status." The summary of the lawsuit from the Craigslist Website can be read below:
A group of lawyers is suing craigslist over a handful of allegedly discriminatory housing ads posted by our users, ignoring the fact that craigslist is not a publisher, but rather a community-moderated commons run by and for its users, who self-publish and manage their own ads and use a flagging system to police the site. These lawyers demand that we impose ill-conceived, mistake-prone, and potentially illegal controls on the craigslist community, which if adopted would actually reduce fair housing opportunity, while eroding important free speech and privacy rights. In reality, the craigslist community already excels at ensuring equal opportunity housing, and continues to improve in this regard, earning praise from fair housing groups. This lawsuit will likely be dismissed as groundless, but more importantly the craigslist community will be recognized for its exemplary record in promoting fair housing for all, while fully respecting each person's constitutional right to free speech and free association.If you suspect a housing discrimination contact HUD or just call 1-800-669-9777.
If Craigslist isn't responsible for removing the posting - someone needs to be. The flagging system at Craigslist explains: If a post receives enough negative flags it will automatically be removed. Well, what constitutes "enough"? The Craigslist community is working to help solve the problem inside the flag forum, check it out~!
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