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 © 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

Brazil Invites Public Input on AV Guidelines

Brazil’s National Data Protection Authority (ANPD) on Friday launched a public consultation on developing guidelines for age verification mechanisms under the country’s Digital Statute for Children and Adolescents (Digital ECA), which requires adult websites to age-verify users located in Brazil.

Paysite Confidential: Inside the Creator Economy's Shift Toward Ownership

For years, the adult industry’s creator economy has been defined by platforms — powerful engines of discovery, monetization and scale that reshaped how performers connect with their audiences.

Senator Urges DOJ to Crack Down on 'Obscenity,' Attacks OnlyFans

U.S. Senator Jim Banks of Indiana this week urged Acting Attorney General Todd Blanche to reestablish the Department of Justice’s defunct Obscenity Prosecution Task Force in a letter that targets OnlyFans while repeatedly conflating “obscenity” with legal adult content.

UN Experts Urge US, Canada to Prosecute Aylo, Others for 'Exploitation'

GENEVA – The United Nations Office of the High Commissioner for Human Rights (OHCHR) has issued a press release in which two U.N. special rapporteurs, cited as experts, accuse Aylo and other companies of complicity in sexual exploitation.

Tennessee Governor Signs Bill Requiring Warnings on Adult Stores

Governor Bill Lee on Tuesday signed into law a bill requiring adult stores, theaters and other establishments in Tennessee to post warning signs cautioning patrons that they “may be contributing” to sexual assault and human trafficking.

Kickstarter Revokes New Rules Banning Fundraising for Adult Content, Products

Crowdfunding platform Kickstarter announced Tuesday that it has reversed its recent decision to impose new “Mature Content” rules banning projects that involve adult content and sextech.

Report: Irish Justice Minister Seeks UK-Style Ban on 'Extreme' Content

Ireland’s justice minister plans to introduce legislation criminalizing possession and distribution of “extreme” pornography, according to a report by the Irish Independent.

New Kickstarter Rules Ban Fundraising for Adult Content, Products

Crowdfunding platform Kickstarter has posted new “Mature Content” rules banning projects that involve adult content and sextech.

WebGroup Czech Republic Settles Florida AV Suit, Will Pay $1.2 Million

WebGroup Czech Republic (WGCZ), the parent company of XVideos, XNXX, BangBros and GirlsGoneWild, has settled a lawsuit filed by the state of Florida over those sites’ alleged failure to age-verify Florida users before allowing access to adult content.

AEBN Publishes Popular Searches for March, April

AEBN has published the top search terms for March and April from its straight and gay theaters in all 50 states and the District of Columbia.

Show More