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 © 2024 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

The Daily Mail Revives Discredited 'Pornography-Induced Erectile Dysfunction' (PIED) Theory

Conservative U.K. tabloid The Daily Mail revived the pseudo-medical concept of Pornography-Induced Erectile Dysfunction (PIED) in a recently published porn panic piece which used as its source statements by a British orthopedic surgeon.

MojoHost Transitions Legacy VPS Plans to Upgraded Platform

MojoHost has successfully completed the upgrade and transition of all legacy VPS plans to its newest hardware platform.

TEAs Reveal 2025 Dates

The 2025 Trans Erotica Awards (TEAs) and related festivities will take place March 7-9 at the Avalon in Hollywood, organizers have announced.

Editor of UK's Top Conservative Magazine Makes Outlandish Claims About Adult Content

The commissioning editor for The Spectator, the U.K.’s leading conservative magazine, has published a sensationalizing editorial blaming adult content for an entirely unrelated rape case currently being prosecuted in France.

Brazzers Launches Virtual Reality Imprint

Brazzers has launched its new virtual reality imprint, Brazzers VR.

FSC Reports Takedown of Adult Performer Doxxing Leak

Free Speech Coalition (FSC) has reported the takedown of a major doxxing leak outing the legal names of over 13,000 adult performers.

Gay Porn Outing of Project 2025 Contributor Corey DeAngelis Throws Light on 'Civil' Culture War Within the Right

Conservative education activist and Project 2025 contributor Corey DeAngelis issued a statement Tuesday, following allegations that he may have acted in gay porn videos under the name Seth Rose almost a decade ago.

Appeals Court Upholds Dismissal of FSC's Utah AV Suit

The United States Court of Appeals for the 10th Circuit on Tuesday affirmed a district court’s motion to dismiss Free Speech Coalition v. Anderson, the industry trade association’s challenge to Utah’s age verification law.

Forbes Names OnlyFans Owner Among 400 Wealthiest Americans

OnlyFans owner Leo Radvinsky has for the first time landed a spot on Forbes magazine’s annual list of the 400 wealthiest Americans.

FSC Sets Key Dates, Qualifiers for Board of Directors Election

Free Speech Coalition (FSC) has released its schedule of key dates and list of qualifiers for its upcoming board of directors election.

Show More