Chief justice blocks congressional subpoena of Backpage; website claims First Amendment harms
Chief Justice John G. Roberts Jr. has blocked a subpoena by a Senate subcommittee seeking information on how Backpage.com screens and edits its online ads.
Roberts granted a stay (PDF) on Tuesday after Backpage.com argued the subpoena violates the First Amendment rights of its CEO, Carl Ferrer, report the Associated Press, the National Law Journal (sub. req.) and Lyle Denniston Law News. The stay puts on hold a federal court order for Ferrer to produce the documents.
The Senate Permanent Subcommittee on Investigations wants the information in its investigation of whether Backpage.com’s online adds facilitate sex trafficking. Backpage.com says the case involves First Amendment protections for publishers of third-party content when they engage in “core editorial functions.”
“This case highlights a disturbing—and growing—trend of government actors issuing blunderbuss demands for documents to online publishers of content created by third parties (such as classified ads) in a manner that chills First Amendment rights,” said the brief filed on behalf of Backpage CEO Carl Ferrer.
The stay puts the subpoena on hold at least until Friday when the subcommittee’s response is due, according to Lyle Denniston LawNews.
Hat tip to How Appealing.
