9th Circuit Hears Arguments in Backpage.com Appeal

9th Circuit Hears Arguments in Backpage.com Appeal

SAN FRANCISCO — Attorneys for the former owners of Backpage.com and for the federal government presented arguments this morning before a three-judge Ninth Circuit Court of Appeals panel, in the defendants' appeal of a lower court's denial to dismiss the case.

Attorneys for former Backpage.com owners Michael Lacey and Jim Larkin, led by First Amendment expert and noted adult industry attorney Paul Cambria, continue to seek a dismissal due to double jeopardy, after the pair's first trial ended catastrophically for the government in a mistrial due to prosecutorial misconduct.

The oral arguments before judges William A. Fletcher, Jay Bybee and Lawrence Vandyke were broadcast live from the Ninth Circuit Court of Appeals website this morning.

Stephen Lemons, editor of the Lacey and Larkin-associated website Front Page Confidential and the leading authority on the case, told XBIZ that today’s arguments “revealed, yet again, the tenuousness of the prosecution’s case.”

The government, Lemons added, “wants to pretend the Lacey and Larkin case has nothing to do with speech. It’s all about speech — legal speech that the government has suppressed. My hope is that the Ninth Circuit can put an end to this travesty.”

Today's oral arguments come a year after controversial Judge Susan Brnovich — wife of Arizona Attorney General Mike Brnovich, who is currently campaigning for a U.S. Senate seat — declared a mistrial in the case against Lacey and Larkin.

As XBIZ reported, the mistrial ruling came after prosecutors repeatedly ignored Judge Brnovich's instructions not to attempt to prejudice the jury by bringing up unrelated and inflammatory “child sex trafficking” insinuations.

“The trial judge declared a mistrial in September 2021 due to prosecutorial misconduct,” Lemons told XBIZ at the time. “The defense moved for dismissal, arguing that a new trial would violate the Fifth Amendment’s bar on trying someone twice for the same crime.”

Lemons explained that a new judge “denied that motion without holding an evidentiary hearing. The defense has appealed to the Ninth Circuit."

Copyright © 2025 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

GoFundMe Set Up for Danny Ferretti's Medical Expenses

A GoFundMe campaign has been set up for Fangear founder Danny Ferretti, who requires extensive lung surgery.

Byborg Acquires Cuties AI

Byborg Enterprises has acquired adult artificial intelligence startup Cuties AI.

Irish Government Releases Report on Sex Work Decriminalization Legislation

The Irish government has released a report reviewing a 2017 law that decriminalized sex work across the country.

Texas Bill Would Require Age Verification for Online Sex Toy Sales

A new bill in the Texas state legislature would require online retailers to implement age verification of purchasers before selling “obscene devices” to anyone in that state.

New York Assemblyman Proposes Banning the Term 'Sex Work'

Republican New York Assembly Member Brian Maher has introduced a bill to prohibit the use of the term "sex work" in government documents.

Age Verification Watch: Michigan Joins the AV Club, Some Laws Just Make No Sense

This roundup provides an update on the latest news and developments on the age verification front as it impacts the adult industry.

Free Speech Groups Back SCOTUS Appeal of Georgia Strip Club Tax

Two civil liberties organizations filed an amicus brief Tuesday supporting a petition asking the U.S. Supreme Court to hear an appeal in a case involving whether a tax specifically aimed at adult entertainment establishments violates the First Amendment.

Creator Networking App 'Plaiir' Launches

Plaiir, a mobile networking app for creators, has officially launched.

Swedish Court Rules LELO Products Do Not Infringe 'Invalid' Satisfyer Patent

A Swedish district court has ruled that a patent filed by Satisfyer parent company EIS GmbH is not valid, and therefore three products from pleasure brand LELO are not in violation.

North Dakota House Committee Questions Anti-Porn 'Public Health Hazard' Claim

The North Dakota House of Representatives Education Committee on Monday amended a resolution that would have recognized pornography as a “public health hazard,” instead replacing that language with a call for further study into whether such a designation is appropriate.

Show More