No. 15-3047
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a majority is not all, and not all advertisements for sex are
advertisements for illegal sex. There is no estimate of how
many ads in Backpage’s adult section promote illegal activity; we just gave examples of some that do not.
As a citizen or father, or in any other private capacity,
Sheriff Dart can denounce Backpage to his heart’s content.
He is in good company; many people are disturbed or revolted by the kind of sex ads found on Backpage’s website.
And even in his official capacity the sheriff can express his
distaste for Backpage and its look-alikes; that is, he can exercise what is called “[freedom of] government speech.” See
Walker v. Texas Division, Sons of Confederate Veterans, Inc., 135
S. Ct. 2239 (2015); Pleasant Grove City v. Summum, 555 U.S.
460 (2009); Johanns v. Livestock Marketing Association, 544 U.S.
550 (2005); Rosenberger v. Rector & Visitors of the University of
Virginia, 515 U.S. 819, 833–34 (1995); Freedom from Religion
Foundation, Inc. v. Obama, 641 F.3d 803 (7th Cir. 2011). A government entity, including therefore the Cook County Sheriff’s Office, is entitled to say what it wants to say—but only
within limits. It is not permitted to employ threats to squelch
the free speech of private citizens. “[A] government’s ability
to express itself is [not] without restriction. … [T]he Free
Speech Clause itself may constrain the government’s
speech.” Walker v. Texas Division, Sons of Confederate Veterans,
Inc., supra, 135 S. Ct. at 2246; see also Rosenberger v. Rector &
Visitors of the University of Virginia, supra, 515 U.S. at 833–34.
In his public capacity as a sheriff of a major county (Cook
County has a population of more than 5.2 million), Sheriff
Dart is not permitted to issue and publicize dire threats
against credit card companies that process payments made
through Backpage’s website, including threats of prosecu-