9th Circuit Sets New Date for Backpage.com Appeal

9th Circuit Sets New Date for Backpage.com Appeal

SAN FRANCISCO — The Ninth Circuit Court of Appeals this week scheduled for September 2 oral arguments regarding a lower court’s refusal to dismiss the Backpage.com case, following the notorious 2021 mistrial declared by an Arizona judge.

Oral arguments will be presented 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 former Backpage owners Michael Lacey and Jim Larkin. 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,” Phoenix reporter Stephen Lemons told XBIZ. Lemons has been covering the case for years, for the Lacey-Larkin online publication Front Page Confidential. “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. The matter is fully briefed, and the court has tentatively scheduled oral arguments for Sept. 2 in San Francisco.”

According to Lemons, “the government knows that the speech that appeared on Backpage was legal and protected by the First Amendment. One of its own witnesses said so at trial. It’s time for this unhinged vendetta to end.”

Lemons’ recent Front Page Confidential report on the new date for oral arguments outlined the format of upcoming hearing, which will afford each side 15 minutes before a panel of three judges.

“A notice on the federal docket states that the panel could still decide to forgo oral arguments and rule from the briefs in the case,” the report noted.

Backpage was shuttered and seized by federal authorities in 2018, days before President Trump signed FOSTA into law. The government accused Lacey, Larkin and others of a number of alleged crimes related to their ownership of the popular adult-oriented classifieds website. The case was subsequently used by several political figures, including Vice President Kamala Harris, as an example of the need for the FOSTA Section 230 exception.

Federal prosecutors accused the company of “participation in a conspiracy to facilitate and promote prostitution,” and also of money laundering, human trafficking and other charges, which were strongly disputed by the defense.

For more of XBIZ’s coverage of the Backpage case, click here.

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

German High Court Puts Pornhub, YouPorn 'Network Ban' on Hold

A German high court on Friday temporarily barred a state media regulator from ordering internet providers to cut off access to Aylo-owned adult sites Pornhub and YouPorn in Germany, pending further action by Cypriot and European Union authorities.

Luxembourg Media Regulator Fines LiveJasmin for AV Noncompliance

The Luxembourg Independent Audiovisual Authority (ALIA) has levied a fine of 25,000 euros (approximately $28,000) against webcam platform LiveJasmin for failing to comply with provisions of the country’s Electronic Media Law.

AdultHTML Introduces Subscription Option for Website Owners

AdultHTML has added a subscription option for its web development service, allowing site owners to pay a monthly fee for access to developers and tools.

French Parliament Rejects Ban on Purchase of 'Remote' Sexual Services

The French National Assembly has backed off from a proposal to criminalize the purchase, and/or facilitation by online platforms, of sexual services performed remotely by streamers and custom content creators.

2027 XBIZ Exec Awards Pre-Nominations Period Opens

XBIZ is pleased to announce that the pre-nomination period for the 2027 XBIZ Exec Awards, the adult industry’s preeminent career honors, begins Wednesday and runs through Oct. 14.

Takedown Piracy Reports Infiltration, Monitoring of Mega.nz

Takedown Piracy has reported that it successfully infiltrated Mega.nz folders and identified and removed nearly two million instances of stolen content.

Pornhub Unblocks Australia Users on iOS Devices, Citing Apple AV Effectiveness

Pornhub parent company Aylo on Tuesday announced that users in Australia will once again be able to access the popular site if they are using Apple devices and have confirmed their age through Apple’s Australian age-verification process.

California Governor Signs Bill Limiting CIPA Claims

Governor Gavin Newsom has signed into law a bill to narrow the scope of the California Invasion of Privacy Act (CIPA), to prevent abusive lawsuits targeting online businesses, including adult websites.

California Enacts Stricter UGC Rules for Adult Sites

Governor Gavin Newsom has signed into law a bill to impose tighter compliance standards for user-generated content (UGC) on adult websites accessible in California.

Minister: UK Aims to Begin Enforcing 'Choking' Ban Before Year's End

The U.K. will soon begin enforcement of a new law criminalizing depictions of “non-fatal strangulation” in adult content, according to a Ministry of Justice official.

Show More