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Judge approves ‘timeout’ for Craigslist and S.C. Attorney General McMaster


By Andy Owens
aowens@scbiznews.com
Published May 22, 2009

Craigslist.org and S.C. Attorney General Henry McMaster have decided to slow down the rhetoric, according to a consent order filed this afternoon in federal court in Charleston.

Lawyers for both parties are listed on the order, which was signed by U.S. District Judge Weston Houck.

"This is a consent order drafted by both parties this week and agreed upon by both parties. The judge has not ruled for or against any party," McMcaster's communications director Mark Plowden said in a statement.

Plowden said this is a routine legal procedure and the equivalent of a "timeout" that gives both parties time to prepare for a hearing before the judge.

The agreement states that McMaster won't prosecute Craigslist.org, its executives or its employees until the court has had a chance to review the merits of a lawsuit it filed this week.

The order, filed at noon Friday, was prompted by Craigslist's request May 20 for a restraining order against McMaster.

The company filed a lawsuit the same day it requested the restraining order. McMaster said he welcomed the lawsuit because it showed that the company was finally taking seriously a dispute over the publication of erotic services on the online classifieds service.

Craigslist CEO Jim Buckmaster announced Monday on his blog that the company had filed the lawsuit asking for the restraining order and a declaratory ruling to define the scope of authority of the attorney general's office.

In his blog posting today, Buckmaster criticized reporters, the media and politicians for "turning a blind eye" to other outlets for adult services. He listed some of those outlets in explicit detail.

"One of the more interesting stories in this 'news cycle' has been the absolute disinterest on the part of reporters and politicians alike in adult service ads featured in journalistic media, no matter how numerous or graphic they may be when compared to craigslist," Buckmaster wrote.

Buckmaster previously asked for an apology from McMaster after receiving a threat of criminal charges of promoting prostitution in the Palmetto State.

"Mr. McMaster's repeated threats of criminal prosecution should we refuse to shut down Craigslist for South Carolina have left us little choice but to seek declaratory relief before the court," Buckmaster wrote.

Related documents
Consent order filed in U.S. District Court
Lawsuit filed in Charleston against McMaster by Craigslist
Request for temporary restraining order

Related stories
McMaster welcomes lawsuit from Craigslist, takes it as good news
Craigslist CEO wants apology from attorney general McMaster
McMaster tells Craigslist to remove illegal content

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