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 © 2026 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

AV Bulletin: Canada, Italy, Australia Updates

Since the Supreme Court’s decision in Free Speech Coalition v. Paxton, more state age verification laws have been enacted around the United States, as well as proposed at the federal level and in other countries. This roundup provides an update on the latest news and developments on the age verification front as it impacts the adult industry.

Holly Randall Soft Launches 'Wet Ink' Magazine

Holly Randall has officially soft-launched the creator-focused publication Wet Ink Magazine.

Virginia 'Porn Tax' Bill Delayed Until 2027

A Virginia House of Delegates subcommittee on Monday voted to postpone until next year consideration of a bill that would impose a 10% tax on the gross receipts of adult websites doing business in that state.

Virginia Becomes Latest State to Weigh 'Porn Tax'

The Virginia House of Delegates is considering a bill that would impose a 10% tax on the gross receipts of adult websites doing business in that state.

Elizabeth Skylar Launches Production Banner on VRPorn.com

Elizabeth Skylar has launched her own virtual reality production banner on VRPorn.com.

CrakRevenue Introduces 'Trend Explorer' Feature for Affiliates

CrakRevenue has debuted the new Trend Explorer feature for its affiliates.

Tube Sites Submitter Adds AI Video Description Generator

Tube Sites Submitter has introduced a new AI video description generator.

Pineapple Support Releases End of Year Review for 2025

Pineapple Support has released its End of Year Review for 2025, detailing the organization's achievements, challenges, and new initiatives.

XBIZ Miami 2026 Lets the Good Times Roll at New South Beach Venue

Pack your favorite shades and sexiest poolside looks, because XBIZ Miami is splashing into a new hotspot — the chic Goodtime Hotel in the heart of Miami Beach — May 11–14.

Show More