Appeals Court Returns Ongoing Backpage Case to District Court

Appeals Court Returns Ongoing Backpage Case to District Court

PASADENA, Calif. — The 9th Circuit Court of Appeals issued a ruling yesterday sending back the Backpage case (known as “USA vs. Larkin” after Jim Larkin, former co-owner with Mike Lacey of the adult online classifieds website) to Judge R. Gary Klausner of the Central District of California.

The ruling follows the oral arguments on July 9, part of the ongoing saga regarding shutting down of the Backpage.com classifieds website and the seizure of millions of dollars in assets, which has been unraveling since the defendants’ March 28, 2018 indictment in Phoeniz, Ariz.

Paul Cambria, counsel for Lacey and part of the defense team, told XBIZ then that his clients had “asked the 9th circuit to vacate the stay that was issued by the district court preventing us from litigating the legality of the seizure of Backpage funds.” According to Cambria “the government conceded during oral arguments that we were correct. Most legal observers, including XBIZ, concurred.

“The government was not effective at all and they conceded that the stay had to be vacated,” Cambria said then.

Yesterday, as expected, the three-judge appellate panel vacated the stay, clearing the way for the Backpage legal team to attempt a defense on First Amendment grounds, arguing that the seizure of the assets related to Lacey and Larkin’s publishing operation before a trial or conviction prevents them from defending themselves properly, and therefore it could have dire consequences for freedom of speech.

The government has endless resources, Cambria and the rest of the team argue, and therefore it can misuse this precedent to prevent publishers whom a particular administration dislikes from defending themselves from any accusation alleged by the state.

For more XBIZ coverage of the Backpage case, click here.

Click here to read the complete 9th Court of Appeals Ruling

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

FSC Drops Opposition to California Age Verification Bill After Amendments

Free Speech Coalition (FSC) has dropped its formal opposition to California’s age verification bill AB 3080, after an amendment secured through months of discussions with the bill’s author was heard by the Senate Judiciary Committee.

SCOTUS Agrees to Hear Texas Age Verification Challenge

The United States Supreme Court granted on Tuesday the petition for a writ of certiorari in the Free Speech Coalition-led challenge to Texas’ age verification law, agreeing to hear the case in the next term.

Dorcel Group Acquires LifeSelector

Dorcel Group has acquired interactive content company LifeSelector.

Etsy Updates Policy to Ban Sale of Most Adult Pleasure Products, Content

Etsy will ban sales of most pleasure products and content that depicts sex acts and genitalia starting July 29.

Jamie Page Is LoyalFans' 'Featured Creator' for July

LoyalFans has named Jamie Page as its Featured Creator for July.

Stripper, Adult Businesses Challenge Florida's Under-21 Ban for Adult Entertainment Workers

Strip clubs and other adult entertainment establishments in Florida are challenging the state’s law that prevents them from employing adults between the ages of 18 and 20.

Byborg's Le Shaw Research Institute Teams Up With SWOP Behind Bars

LiveJasmin parent company Byborg Enterprises’ Le Shaw International Sexual Health and Wellness Research Institute has joined forces with U.S.-based sex worker advocacy group SWOP Behind Bars.

AI Erotic Storytelling Platform 'Erota' Launches

Erota, a new AI-powered erotic storytelling platform, has debuted.

Indiana Court Blocks Age Verification Law

A U.S. district court in Indiana has blocked the state's age verification law from taking effect this coming Monday, July 1.

Sex Worker Rights Advocates Speak at UN Criticizing Stigmatizing Report

Several sex worker rights organizations and advocates provided input this week at the United Nations office in Geneva, addressing a recent controversial report by the Human Rights Council’s special rapporteur on violence against women and girls, which made broad claims about sex work and adult content, and also endorsed different forms of criminalization.

Show More