Unfair Housing on the Internet: The Effect of the Communications Decency Act on the Fair Housing Act

The use of online advertisements is a relatively new, but rapidlygrowing phenomenon. Consumers have latched onto the idea of holding an online garage sale and its use has seen a marked increase. For example, online classified advertising services users increased eighty percent between 2004 and 2005. Consumers, however, sell more than baseball gloves and books online. One sector of the online advertisement market that has proven to be problematic is the sale of housing rental space. These advertisements would seemingly fit within the scope of the Fair Housing Act, which contains a provision regulating housing advertisements. However, these advertisements also fall within reach of the Communications Decency Act. These two statutes contain conflicting provisions, and it remains to be seen whether they can be harmonized. This article will first discuss the scopes of both the Fair Housing Act and the Communications Decency Act. It will then look at two cases that have addressed the intersection of the two statutes. Finally, this article will discuss the merits of each court\u27s decision and suggest a path for the future