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

Eporner Must Face Copyright Suit After Judge Affirms Jurisdiction

A U.S. district court has ruled that it has jurisdiction to hear a copyright infringement lawsuit brought by adult website operators against tube site Eporner, even though Eporner is based outside the United States.

BranditScan Launches API, Affiliate Initiatives

BranditScan has launched its new public API and an affiliate program for creators.

Kenna James, Derek Kage Cap AEBN's Top Stars for 2nd Quarter of 2026

AEBN has revealed its most popular performers in straight and gay theaters for the second quarter of 2026.

Segpay Partners With Corey Silverstein for Legal Services

Segpay has partnered with adult industry attorney Corey D. Silverstein for specialized legal compliance and policy support for its merchant network.

AEBN Reveals Kasey Kei as Top Trans Star for Q2 of 2026

AEBN has named its top trans stars for the second quarter of 2026, with Kasey Kei landing atop the leaderboard.

Missouri Governor Signs Bill Making AV Regulations State Law

Missouri Governor Mike Kehoe signed a bill into law on Thursday requiring adult websites to age-verify users in the state, finalizing a legislative “stamp of approval” for AV rules after Missouri’s attorney general unilaterally imposed similar regulations last year.

Utherverse Launches 'Adult Game Fest' Virtual Convention

Virtual reality and metaverse technology company Utherverse is launching its inaugural Adult Game Fest convention and trade show, taking place Sept. 24-26.

Ofcom Fines Fapello $845,000 for AV Noncompliance

U.K. media regulator Ofcom on Thursday imposed a fine of 630,000 pounds (about $845,000) against adult website fapello.com for failing to comply with provisions of the Online Safety Act.

KiwiSourcing Joins Pineapple Support as Sponsor

Outsourcing and consulting firm KiwiSourcing has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

AdultHTML Introduces AI-First Development Services

AdultHTML has introduced an AI-first development service, giving clients access to experienced software developers who use AI to streamline software development.

Show More