Are Online Discriminatory Ads Legal?

For the past 40 years, the federal Fair Housing Act has made it illegal for newspapers to run discriminatory housing advertisements. Ads like this have become more common in the online world, with the numerous amount of housing and advertising sites available on the internet. The Chicago Lawyers' Committee for Civil Rights Under Law has a case filed against Craigslist stating that they should be required to screen these posts. A hearing is currently scheduled for next month.

Most website providers claim protection under a section of the Communications Decency Act of 1996, covering them from lawsuits when they publish third party content. The opposition contends that Congress did not intend to create a free haven to promote racism. Lawyers from some of the internet powerhouse companies such as Yahoo, AOL, and Google claim that the internet has revolutionized the way people live and do business, and that it would be impossible to filter all internet content.

[from the Statesman's article]

If Craigslist were required to screen housing ads for discriminatory content in the same way that newspapers do, it would be equivalent to requiring cars or trains to be equipped with the same safety equipment required on horse-drawn carriages, said Jim Buckmaster, president and CEO of Craigslist. Discriminatory ads are unacceptable on Craigslist, Buckmaster said, and users are strongly encouraged to alert the Web site to possible violations. Through educational efforts and the vigilance of the Internet forum's users, discriminatory language is rare among the 10 million ads the company receives a month, Buckmaster said.*