Phoenix New Times Charges Dropped

PHOENIX — Phoenix New Times owners Jim Larkin and Michael Lacey were released Oct. 19, less than 24 hours after being arrested for publishing details of a grand jury subpoena that had demanded the Internet records of every person who had visited the New Times website since 2004.

This occurrence of events underscores the role the Internet plays in the invasion of privacy and free speech rights. Public backlash against the arrests came from across the political spectrum, with the conservative Goldwater Institute among the supporters of the New Times.

"The subpoena against the New Times is possibly the broadest invasion of privacy and free speech rights that I've ever seen," said Clint Bolick, director of the Goldwater Institute's Center for Constitutional Litigation. "The notion that thousands of readers of the New Times website would have their own Internet browsing investigated is absolutely appalling … This is a huge deprivation of personal privacy and involves tens of thousands of innocent people."

Maricopa County Attorney Andrew Thomas dismissed all charges Oct. 19 after the arrests, just hours after Arizona's State Bar Association launched an internal investigation into Thomas and special prosecutor Dennis Wilenchik for their actions in the New Times case and an unrelated one.

Thomas claimed he had no prior knowledge of the arrests or the demands in the subpoena that had been issued from his office.

"It has become clear to me that this investigation has gone in a direction that I would not have authorized," Thomas said. "There have been serious missteps in this matter. I am announcing that Mr. Wilenchik will no longer serve as special prosecutor."

New Times has battled the County Attorney's office for years over charges that reporters and editors broke the law when they published the home address of Maricopa County Sheriff Joe Arpaio online.

The case dates back to a New Times investigation of Arpaio's real estate holdings in 2004, which alleged the sheriff had abused a law that allows peace officers to keep their addresses from being made public. It said Arpaio used the law to hide nearly $1 million in cash real estate transactions while leaving his actual home address on public rolls.

Larkin and Lacey were arrested on charges that they broke the law by publishing details of the subpoena in the Oct. 19 issue. In the article, titled "Breathtaking Abuse of the Constitution" Lacey and Larkin acknowledged that they risked prosecution but said the issues were too important to keep from the public.

Also on Oct. 19 the Arizona Republic went to court requesting that all court filings in the case that led to the arrests of Larkin and Lacey be unsealed and that all future proceedings be opened to the public. In an editorial published Oct. 21, the Republic said attorneys for Phoenix Newspapers Inc., its publisher, and Channel 12 (KPNX-TV) filed a motion seeking access to transcripts and court filings.

In the editorial, the Republic said it "often is leery of New Times' style of free-for-all journalism. But, in this appalling overreach of government intrusion, both the New Times and the public were grievously wronged."

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

Russian Lawmakers Call for Age Verification

Two Russian lawmakers have called on the country’s government to implement age verification for adult content.

British Documentary Spotlights XBIZ Amsterdam With Candid Conversations

British creator and host Josh Pieters traveled to XBIZ Amsterdam to film a documentary about the annual European adult industry conference.

XBIZ 2026 to Debut 'New Talent Go-See' Special Event

XBIZ 2026, North America’s premier adult industry conference, will debut a special event designed to help new talent jump-start their careers: the New Talent Go-See.

Penthouse Announces Digital Archive Launch

Penthouse Magazine has announced that it will launch a comprehensive digital archive in 2026.

Dreamcam Joins Pineapple Support as Supporter-Level Sponsor

Dreamcam has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

AEBN Publishes Popular Searches by Country for August, September

AEBN has released the list of popular searches from its straight and gay theaters by country in August and September.

AV in Focus: A Guide to Unlocking Compliance With Clarity

The age verification era isn’t coming — it’s here. Laws are already on the books in numerous U.S. states, as well as in the U.K., France and beyond.

Canadian Privacy Commissioner Endorses National AV Bill

Philippe Dufresne, privacy commissioner of Canada, has voiced support for a bill that would impose fines of up to $500,000 on adult sites that do not implement age verification for Canadian viewers.

Ricky Johnson Launches 'Ricky's Resort' Through YourPaysitePartner

Ricky's Room studio honcho Ricky Johnson has launched his latest site, RickysResort.com, through YourPaysitePartner (YPP).

Industry Attorney Paul Cambria Retires After 50 Years of Practicing Law

After more than a half-century in practice, during which he provided the defense in some of the adult industry's most notable legal cases, attorney Paul Cambria has retired.

Show More