The publication is indeed liable. The language isn't about placing the ad: "To make, print, or publish, or cause to be made, printed, or published any notice, s

The publication is indeed liable. The language isn't about placing the ad: "To make, print, or publish, or cause to be made, printed, or published any notice, statement, or advertisement..." A classic example was a case brought against the New York Times for discriminatory housing classified ads. Now, what's interesting here is that Facebook is involved in the targeting. So, if you only place housing ads in the Chicago Defender, and don't place them in White newspapers, the Defender isn't involved in your discrimination; however, if you place ads in the Defender stating "Black Tenants Only" and the Defender published those, the Defender would probably be liable. And if you pay an advertising firm and tell them to only place your ad in "Black" newspapers then that firm that did the targeting would be liable. (Although in terms of enforcement priorities, such discrimination is probably very small-scale and wouldn't be very high up on HUD's or DoJ's list.)