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 © 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

BranditScan Launches 'White Glove' Subscription Tier

BranditScan has launched its new White Glove subscription tier for creators.

German Court: Regulator Can't Block Creator's IG Account, Only Posts

A German court has ruled that while a regional media regulatory agency may block specific Instagram posts that include material deemed harmful to minors, it cannot ban an entire Instagram account due to such a post.

Brazil Lays Out Preliminary Guidelines for New AV Requirements

President Luiz Inácio Lula da Silva on Wednesday signed a decree establishing guidelines for new regulations requiring adult websites to age-verify users located in Brazil.

Senate Committee Debates Section 230 Reform

The U.S. Senate Committee on Commerce, Science, and Transportation held a hearing Wednesday on potential changes to Section 230 of the Communications Decency Act, which protects interactive computer services — including adult platforms — from liability for user-generated content.

Pearl Industry Network Offers Free Creator Memberships

Industry trade group Pearl Industry Network (PiN) has launched its free creator membership initiative.

Sam Bird Acquires Fanblast

Sam Bird, former co-director of global talent agency Surge, has acquired creator monetization tool Fanblast and named himself CEO.

'SheHerGirls' Launches Through Paysite.com

The braintrust behind PoleVixens has officially launched a new membership site, SheHerGirls, also through Paysite.com.

FTC Invites Public Comment on 'Click to Cancel' Rulemaking

The Federal Trade Commission (FTC) announced this week that it is seeking public comment on whether it should amend its Negative Option Rule to better address deceptive or unfair practices.

Aylo Rebuts Indiana AV Suit Claims Over VPN Access

Aylo this week asked a Marion Superior Court judge to dismiss Indiana’s lawsuit alleging that the company violated the state’s age verification law by failing to prevent access by users who employ VPNs and similar means to avoid geolocation.

'PSMTickling' Launches Through Paysite.com

PSMTickling.com has officially launched through Paysite.com.

Show More