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No. 15-3047
fered in other adult categories, whether or not the jobs are
sexual—not every employee of a brothel is a sex worker).
The Sheriff of Cook County, Tom Dart, has embarked on
a campaign intended to crush Backpage’s adult section—
crush Backpage, period, it seems—by demanding that firms
such as Visa and MasterCard prohibit the use of their credit
cards to purchase any ads on Backpage, since the ads might
be for illegal sex-related products or services, such as prostitution. Visa and MasterCard bowed to pressure from Sheriff
Dart and others by refusing to process transactions in which
their credit cards are used to purchase any ads on Backpage,
even those that advertise indisputably legal activities.
Backpage sought a preliminary injunction to stop the
sheriff’s campaign of starving the company by pressuring
credit card companies to cut ties with its website. The district court denied the injunction and Backpage has appealed,
contending that the sheriff is curtailing freedom of expression, in violation of the First Amendment. The sheriff ripostes that he’s not using his office to organize a boycott of
Backpage by threatening legal sanctions, but merely expressing his disgust with Backpage’s sex-related ads and the illegal activities that they facilitate. That’s not true, and while he
has a First Amendment right to express his views about
Backpage, a public official who tries to shut down an avenue
of expression of ideas and opinions through “actual or
threatened imposition of government power or sanction” is
violating the First Amendment. American Family Association,
Inc. v. City & County of San Francisco, 277 F.3d 1114, 1125 (9th
Cir. 2002).
The difference between government expression and intimidation—the first permitted by the First Amendment, the