Today attorneys for Craigslist filed an "action for declaratory and injunctive relief pursuant to 42 U.S.C. 1983 and the Declaratory Judgment Act, 28 U.S.C. 2201, to enjoin a threatened prosecution in violation of federal law and the U.S. Constitution and to obtain a declaration of the respective rights of the parties." The lengthy legal document can be read in its entirety on Wired.com (Threat Level).
The internet classified publisher has decided to fight the South Carolina AG and Buckmaster is doing his best to prevent any criminal legal case from being filed with this action. I'd be willing to bet that this AG packs up his rhetoric toolbox and goes home. Overzealous prosecutors and law enforcement agencies have managed to run the criminal justice system into the ground, but caution should be their first thought as states run out of money to pursue with a vengeance and violate constitutional rights in the process. Some people do fight back.
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