Seventh Circuit rejects liability for craigslist housing ads

Interpreting the law protecting providers of interactive computer services from liability for content provided by others, the Seventh Circuit recently held that the online service craigslist may not be liable under the Fair Housing Act for discriminatory housing ads appearing on its site. 

In Chicago Lawyers' Committee for Civil Rights under Law, Inc. v. craigslist Inc.,  the court last month held that the Communications Decency Act, 47 U.S.C. sec. 230(c)(1), prevents craigslist from being considered the "publisher or speaker" of information provided by users who post content to its website.  In rejecting the plaintiff's argument for liability, the court stated that Section 230(c)(1) barred the Fair Housing Act claims.  Accordingly, craigslist could not be held liable as the "messenger," even though the message was one of unlawful discrimination.  To read our earlier coverage of this case at the trial court level, click here.

More recently, the Ninth Circuit reached the contrary result in a housing discrimination case against roommates.com, holding that the roommate matching service may be subject to liability for discriminatory content on its website.  Read our coverage of that case here.  And read our additional coverage of the Communications Decency Act here.