October 17, 2014
WA Supreme Court To Rule On Backpage’s Claim Of Immunity
Backpage.com is generally considered the largest source of sex trafficking in the United States. We represent a number of girls who allege the company is liable for creating an online marketplace for sex trafficking and then helping traffickers post ads for sex and evade law enforcement.
For its part, Backpage.com asserts that it is immune from liability because of the Communications Decency Act. Under that federal law, a website is only liable for content if it “is responsible, in whole or in part, for the creation or development of information provided through the Internet …”
We filed suit in Pierce County Superior Court. The trial court denied a motion by Backpage.com to dismiss the case under the Communications Decency Act, but certified the question for appeal.
The Washington Supreme Court accepted review of the trial court’s decision. Oral argument is set for October 21, 2014, and will be televised on TVW. The following links include copies of the briefs filed by the parties, as well as “friend of the court” briefs that were filed by a number of advocacy groups.
Read The Briefs Filed With The Court Below
- 2013-12-09 — Backpage — Appellants’ Opening Brief
- 2014-03-07 — Backpage — Respondent’s Brief
- 2014-05-22 — Backpage — Appellants’ Reply Brief
- 2014-09-05 — Backpage — Amici Curiae Brief of the Electronic Frontier Foundation and the Center for Democracy & Technology In Support of Appellants
- 2014-09-05 — Backpage — Amicus Brief of the State of WA ISO Respondents
- 2014-09-05 — Backpage — Amicus Curiae Brief of FAIR Girls ISO of Respondents
- 2014-09-05 — Backpage — Amicus Curiae Brief of the Coalition Against Trafficking in Women (“CATW”), In Support of Respondents
- 2014-09-05 — Backpage — Amicus Curiae Brief of the National Center for Missing and Exploited Children
- 2014-09-05 — Backpage — Brief of Amici Curiae Professors of Constitutional Law and Related Fields