Shady Sex Ads May Have Some First Amendment Protection

A Senate panel has called the online advertising site Backpage.com a clearinghouse for sex trafficking in minors, and has subpoenaed its policies and records. The company says it’s a canary in the coal mine for government intrusion into the editorial decisions of journalists -- and has asked the Supreme Court to block the subpoena. Chief Justice John Roberts has stayed the subpoena to read briefs from the opposing parties. When he digs into the details, he may find that both sides are at least partly right.

The case began as an inquiry into Internet-driven sex trafficking of minors conducted by the Senate’s Permanent Subcommittee on Investigations, chaired by Rob Portman, an Ohio Republican (Claire McCaskill of Missouri is the ranking Democrat). The committee suspects that Backpage’s online classified service is used as a vehicle for such trafficking. It issued a broad subpoena to the company, which it subsequently narrowed and directed to Chief Executive Officer Carl Ferrer.