No. 15-3047
13
such by the distributor, invariably followed up by police visitations, in fact stopped the circulation of the listed publications.” Bantam Books, Inc. v. Sullivan, supra, 372 U.S. at 68. The
court held the state’s “system of informal censorship” unconstitutional, pointing out that “though the Commission is
limited to informal sanctions—the threat of invoking legal
sanctions and other means of coercion, persuasion, and intimidation—the record amply demonstrates that the Commission deliberately set about to achieve the suppression of
publications deemed ‘objectionable’ and succeeded in its
aim.” Id. at 67. The distributor of the plaintiffs’ books, corresponding to the credit card companies in this case, received
first from the Commission a written request for ”cooperation” and then “follow up” visits from police, corresponding
to the follow-up calls promised in Sheriff Dart’s letter. Id. at
63, 68. The distributor bowed to the Commission’s demand
“rather than face the possibility of some sort of a court action
against ourselves, as well as the people that we supply.” Id
at 63. That is like this case, yet the district court denied
Backpage’s motion for a preliminary injunction that would
have required Sheriff Dart to desist from attempting to intimidate, by threatening legal action against, companies that
provide payment services to customers of Backpage.
It might seem that large companies such as Visa and
MasterCard would not knuckle under to a sheriff, even the
sheriff of a very populous county. That might be true if they
derived a very large part of their income from the company
that he wanted them to boycott. But they don’t. Backpage’s
monthly revenue from ”adult” ads was recently estimated at
$9 million and its total revenue in 2014 at $135 million,
whereas the combined net revenue of MasterCard and Visa
in that year exceeded $22 billion. The revenue they derived
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