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 © 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

AEBN Publishes Report on DP Trends

AEBN has published a report on DP and extreme penetration categories from its straight and gay theaters.

Free Speech Coalition Appoints Megan Stokes to Board of Directors

The Free Speech Coalition (FSC) announced today that it has appointed Megan Stokes to its Board of Directors.

FansRevenue Acquires DivaTraffic

FansRevenue has acquired web traffic service DivaTraffic.

AEBN Announces Peter Green as Top Male Boy/Girl Performer for Summer 2025

AEBN has revealed its top 10 male Boy/Girl performers for summer 2025, with Peter Green landing atop the leaderboard.

Spicey AI Relaunches Site, Debuts $Spicey Tokens

Interactive voice chat platform Spicey AI has relaunched its website and introduced $Spicey tokens.

FSC: Missouri Age Verification Rule Will Not Take Effect August 30

The Free Speech Coalition (FSC) announced that Missouri's proposed age verification legislation will not take effect on August 30, as it had originally estimated.

Little Caprice, Marcello Bravo to Co-Host 2025 XMA Europa Awards

XBIZ is pleased to announce that husband-and-wife duo Little Caprice and Marcello Bravo will co-host adult’s biggest night in Europe: the 2025 XMA Europa Awards on Sept. 4, in the epic climax to XBIZ’s fall events series.

Germany Will Block Payments to AV-Noncompliant Adult Sites as of Dec. 1

Starting Dec. 1, Germany will implement new rules prohibiting financial institutions from providing payment services to adult sites deemed to have inadequate age verification systems and making it easier for the government to target websites mirroring the content of such sites.

Jerkmate Joins Pineapple Support as Partner-Level Sponsor

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

FSC Launches Age Verification Toolkit for Adult Websites

The Free Speech Coalition (FSC) announced today that it has launched a comprehensive toolkit to help adult websites navigate age verification laws.

Show More