Backpage v. McKenna Intervention Motion Granted (original) (raw)
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This order grants the motion by The Internet Archive to intervene in a lawsuit filed by Backpage.com challenging a new Washington law criminalizing advertisements for commercial sex acts inv…
Backpage v. McKenna Intervention Motion Granted
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This order grants the motion by The Internet Archive to intervene in a lawsuit filed by Backpage.com challenging a new Washington law criminalizing advertisements for commercial sex acts involving minors. The Internet Archive archives web pages and content from sites like Backpage.com and Craigslist and argues it has a right to intervene to defend its ability to archive publicly available third-party content without reviewing each item for legality. The order provides background on the new law and Backpage.com's arguments that the law is too broad and violates the Communications Decency Act and the Constitution.
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668 views9 pages
Backpage v. McKenna Intervention Motion Granted
This order grants the motion by The Internet Archive to intervene in a lawsuit filed by Backpage.com challenging a new Washington law criminalizing advertisements for commercial sex acts inv…
123456789101112131415161718192021222324252627 ORDER ON MOTION FOR PRELIMINARY INJUNCTION
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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE BACKPAGE.COM, LLC, Plaintiff, v. ROB MCKENNA, Attorney General of the State of Washington; RANDY J. FLYCKT, Adams County Prosecuting Attorney; BENJAMIN C. NICHOLS, Asotin County Prosecuting Attorney; ANDREW K. MILLER, Benton County Prosecuting Attorney; GARY A. RIESEN, Chelan County Prosecuting Attorney; DEBORAH S. KELLY, Clallam County Prosecuting Attorney; ANTHONY F. GOLIK, Clark County Prosecuting Attorney; REA L. CULWELL, Columbia County Prosecuting Attorney; SUSAN I. BAUR, Cowlitz County Prosecuting Attorney; STEVEN M. CLEM, Douglas County Prosecuting Attorney; MICHAEL SANDONA, Ferry County Prosecuting Attorney; SHAWN P. SANT, Franklin County Prosecuting Attorney; MATTHEW L. NEWBERG, Garfield County Prosecuting Attorney; ANGUS LEE, Grant County Prosecuting Attorney; H. STEWARD MENEFEE, Grays Harbor County Prosecuting Attorney;
(Continued on Page 2)
)))))))))))))))))))))))))))))) No. C12-954-RSM
ORDER GRANTING THE INTERNET ARCHIVE’S MOTION TO INTERVENE
Case 2:12-cv-00954-RSM Document 33 Filed 07/02/12 Page 1 of 9
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(Continued from Page 1)
GREGORY M. BANKS, Island County Prosecuting Attorney; SCOTT W. ROSEKRANS, Jefferson County Prosecuting Attorney; DAN SATTERBERG, King County Prosecuting Attorney; RUSSELL D. HAUGE, Kitsap County Prosecuting Attorney; GREGORY L. ZEMPEL, Kittitas County Prosecuting Attorney; LORI L. HOCTOR, Klickitat County Prosecuting Attorney; JONATHAN L. MEYER, Lewis County Prosecuting Attorney; JEFFREY S. BARKDULL, Lincoln County Prosecuting Attorney; MICHAEL K. DORCY, Mason County Prosecuting Attorney; KARL F. SLOAN, Okanogan County Prosecuting Attorney; DAVID J. BURKE, Pacific County Prosecuting Attorney; THOMAS A. METZGER, Pend Oreille County Prosecuting Attorney; MARK LINDQUIST, Pierce County Prosecuting Attorney; RANDALL K. GAYLORD, San Juan County Prosecuting Attorney; RICHARD WEYRICH, Skagit County Prosecuting Attorney; ADAM N. KICK, Skamania County Prosecuting Attorney; MARK K. ROE, Snohomish County Prosecuting Attorney; STEVEN J. TUCKER, Spokane County Prosecuting Attorney; TIMOTHY D. RASMUSSEN, Stevens County Prosecuting Attorney; JON TUNHEIM, Thurston County Prosecuting Attorney; DANIEL H. BIGELOW, Wahkiakum County Prosecuting Attorney; JAMES L. NAGLE, Walla Walla County Prosecuting Attorney; DAVID S. McEACHRAN, Whatcom County Prosecuting Attorney; DENIS P. TRACY, Whitman County Prosecuting Attorney; JAMES P. HAGARTY, Yakima County Prosecuting Attorney, Defendants, in their official capacities. )))))))))))))))))))))))))))))))))))))))))))
Case 2:12-cv-00954-RSM Document 33 Filed 07/02/12 Page 2 of 9
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I. INTRODUCTION
This matter comes before the Court upon the Motion to Intervene filed by The Internet Archive (“Movant”). In this litigation, Backpage.com seeks to preliminarily enjoin enforcement of a new Washington law, Senate Bill 6251 (“SB 6251”), which was scheduled to take effect on June 7, 2012.
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SB 6251 seeks to criminalize the offense of advertising commercial sexual abuse of a minor. Movant seeks to intervene as a matter of right to protect its rights under federal law or, in the alternative, to intervene permissively pursuant to Fed. R. Civ. P. 24(b)(1)(B). For the reasons set forth below, Movant’s motion is GRANTED.
II. DISCUSSION A.
Background
SB 6251 was aimed at “eliminating sex trafficking of minors in a manner consistent with federal laws prohibiting sexual exploitation of children.” SB 6251 § 1. The statute makes it a felony to knowingly publish, disseminate, or display or to “directly or indirectly” cause content to be published, disseminated or displayed if it contains a “depiction of a minor” and any “explicit or implicit offer” of sex for “something of value.” Under the proposed law, it is not a defense that the defendant did not know the age of the person depicted and the defendant may not rely on a representation by or the apparent age of the person depicted. It is a defense under the law, however, that the defendant obtained and retained government or school identification for the person depicted.
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On June 5, 2012, this Court granted Plaintiff’s motion for a temporary restraining order enjoining enforcement of the statute and scheduled a hearing on Plaintiff’s motion for a preliminary injunction.
See
Dkt. #7. The parties later stipulated to continue the hearing until July 20, 2012.
See
Dkt. #17.
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The relevant portion of the statute provides: (1)
A person commits the offense of advertising commercial sexual abuse of a minor if he or she knowingly publishes, disseminates, or displays, or causes directly or indirectly, to be published, disseminated, or displayed, any advertisement for a commercial sex act, which is to take place in the state of Washington and that includes the depiction of a minor.
Case 2:12-cv-00954-RSM Document 33 Filed 07/02/12 Page 3 of 9
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