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First Amendment jurisprudence celebrates the metaphorical marketplace of ideas.

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The website craigslist may very well be an actual representation of this metaphor in that it invites users all over the world to share their ideas, sell their used couches, find roommates and advertise other services, including sensual massages and escort services. I think most readers of this blog agree that craigslist and its loyal users should be free to keep this successful marketplace of words, images and offers to perform services and deliver goods alive and robust. In fact, craigslist has worked closely with many states to ensure that the website did not serve as a marketplace for blatantly illegal activities and services.

Despite these efforts, McMaster was not satisfied and made public pronouncements of his desire to rid the Internet in South Carolina of such filth.

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As an Internet service provider that invites third party content, craigslist does not have an obligation to edit user-generated content. Section of the Communications Decency Act provides that much. Moreover, the First Amendment, along with the general principle of free expression, protects craigslist and its users against government generated censorship.

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Then again, it is possible that McMaster and craigslist are talking past each other. We trust they [craigslist] will now adhere to the higher standards they have promised.

This office and the law enforcement agencies of South Carolina will continue to monitor the site to make certain that our laws are respected. Whether McMaster and his office will make good on their promise not to bring criminal charges against the website has yet to be seen. Clearly, there are more effective means of addressing the oldest profession than threatening to criminalize online speech.

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It behooves McMaster to keep this in mind. One parent called an award-winning young adult novel "smut"-- and her complaint was enough to….

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