9th Circuit Hears Arguments in Backpage.com Appeal

9th Circuit Hears Arguments in Backpage.com Appeal

SAN FRANCISCO — Attorneys for the former owners of Backpage.com and for the federal government presented arguments this morning before a three-judge Ninth Circuit Court of Appeals panel, in the defendants' appeal of a lower court's denial to dismiss the case.

Attorneys for former Backpage.com owners Michael Lacey and Jim Larkin, led by First Amendment expert and noted adult industry attorney Paul Cambria, continue to seek a dismissal due to double jeopardy, after the pair's first trial ended catastrophically for the government in a mistrial due to prosecutorial misconduct.

The oral arguments before judges William A. Fletcher, Jay Bybee and Lawrence Vandyke were broadcast live from the Ninth Circuit Court of Appeals website this morning.

Stephen Lemons, editor of the Lacey and Larkin-associated website Front Page Confidential and the leading authority on the case, told XBIZ that today’s arguments “revealed, yet again, the tenuousness of the prosecution’s case.”

The government, Lemons added, “wants to pretend the Lacey and Larkin case has nothing to do with speech. It’s all about speech — legal speech that the government has suppressed. My hope is that the Ninth Circuit can put an end to this travesty.”

Today's oral arguments come 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 Lacey and Larkin.

As XBIZ reported, 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,” Lemons told XBIZ at the time. “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."

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

FTC Weighs Reboot of 'Click to Cancel' Rulemaking Process

The Federal Trade Commission has invited public comments on a petition to renew trade regulation rulemaking concerning negative option plans, after a federal court previously vacated a “click-to-cancel” rule aimed at making it easier for consumers to cancel online subscriptions.

VRPorn.com Releases 2025 'Annual Report'

VRPorn.com has released its Annual Report, highlighting its audience favorites from throughout 2025.

MrPornGeek Launches 'Visibility Boost' System

MrPornGeek has launched a new visibility boost system.

New Federal Bills Aim to Repeal Section 230

Members of Congress this week introduced two bills calling for the repeal of Section 230 of the Communications Decency Act, which protects interactive computer services — including adult platforms — from liability for user-generated content.

RM11 Joins Pineapple Support as Supporter-Level Sponsor

RM11 has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

Mark Spiegler Named XBIZ Talk Guest for 2026 LA Conference

XBIZ is pleased to announce that famed talent agent Mark Spiegler, impresario of the Spiegler Girls agency, will join an exclusive talk session at XBIZ 2026, the latest edition of North America’s largest adult industry conference, set to take place Jan. 12-15 at the Kimpton Everly Hotel in Hollywood.

Gataca Introduces Passkey Integration

Spain-based age verification provider Gataca has debuted its new passkey integration.

GloryPay Announces New Financial App

European fintech company GloryPay has announced the launch of its financial app for industry members.

Creator of Hentaied, Parasited Launches New Site 'MonsterPorn'

Romero Mr. Alien, the creator of Parasited and Hentaied, has launched new paysite MonsterPorn.com.

House of Lords Approves UK Plan to Outlaw 'Choking' Content

The House of Lords, the U.K.’s upper house of Parliament, has agreed to amendments to the pending Crime and Policing Bill that would make depicting “choking” in pornography illegal and designate it a “priority offense” under the Online Safety Act.

Show More