Phoenix New Times Charges Dropped

PHOENIX — Phoenix New Times owners Jim Larkin and Michael Lacey were released Oct. 19, less than 24 hours after being arrested for publishing details of a grand jury subpoena that had demanded the Internet records of every person who had visited the New Times website since 2004.

This occurrence of events underscores the role the Internet plays in the invasion of privacy and free speech rights. Public backlash against the arrests came from across the political spectrum, with the conservative Goldwater Institute among the supporters of the New Times.

"The subpoena against the New Times is possibly the broadest invasion of privacy and free speech rights that I've ever seen," said Clint Bolick, director of the Goldwater Institute's Center for Constitutional Litigation. "The notion that thousands of readers of the New Times website would have their own Internet browsing investigated is absolutely appalling … This is a huge deprivation of personal privacy and involves tens of thousands of innocent people."

Maricopa County Attorney Andrew Thomas dismissed all charges Oct. 19 after the arrests, just hours after Arizona's State Bar Association launched an internal investigation into Thomas and special prosecutor Dennis Wilenchik for their actions in the New Times case and an unrelated one.

Thomas claimed he had no prior knowledge of the arrests or the demands in the subpoena that had been issued from his office.

"It has become clear to me that this investigation has gone in a direction that I would not have authorized," Thomas said. "There have been serious missteps in this matter. I am announcing that Mr. Wilenchik will no longer serve as special prosecutor."

New Times has battled the County Attorney's office for years over charges that reporters and editors broke the law when they published the home address of Maricopa County Sheriff Joe Arpaio online.

The case dates back to a New Times investigation of Arpaio's real estate holdings in 2004, which alleged the sheriff had abused a law that allows peace officers to keep their addresses from being made public. It said Arpaio used the law to hide nearly $1 million in cash real estate transactions while leaving his actual home address on public rolls.

Larkin and Lacey were arrested on charges that they broke the law by publishing details of the subpoena in the Oct. 19 issue. In the article, titled "Breathtaking Abuse of the Constitution" Lacey and Larkin acknowledged that they risked prosecution but said the issues were too important to keep from the public.

Also on Oct. 19 the Arizona Republic went to court requesting that all court filings in the case that led to the arrests of Larkin and Lacey be unsealed and that all future proceedings be opened to the public. In an editorial published Oct. 21, the Republic said attorneys for Phoenix Newspapers Inc., its publisher, and Channel 12 (KPNX-TV) filed a motion seeking access to transcripts and court filings.

In the editorial, the Republic said it "often is leery of New Times' style of free-for-all journalism. But, in this appalling overreach of government intrusion, both the New Times and the public were grievously wronged."

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

FSC: W.V. Age Verification Law Takes Effect June 12

The Free Speech Coalition has issued a reminder notice that West Virginia's age verification law takes effect on June 12, 2026.

Pineapple Support Taps Brad Mitchell, Jean-Micheal Veen for Senior Leadership Positions

Pineapple Support has named Brad Mitchell as its new board president and Jean-Micheal Veen as technology and development chair.

WOW Tech, XR Brands Reach Settlement in Patent Infringement Dispute

XR Brands and Lovehoney Group subsidiary WOW Tech Group have settled a patent dispute over WOW's Pleasure Air Technology.

Polish Government Proposes AV Mandate for Adult Sites

Poland’s Council of Ministers on Tuesday endorsed a proposed national law that would require sites and platforms to age-verify users to prevent minors from accessing adult content online.

Brazil Launches Complaints Page for AV Violations

Brazil’s National Data Protection Authority (ANPD) on Monday debuted a portal where citizens can report possible violations of the country’s Digital Statute for Children and Adolescents (Digital ECA), which requires adult websites to age-verify users located in Brazil.

FSC Launches 'Speak Out' Media Campaign for Creators

The Free Speech Coalition (FSC) has announced the launch of FSC Speak Out, a media campaign for content creators to tell their stories.

Pineapple Support, Stripchat to Host LGBTQ Support Group

Pineapple Support and Stripchat are hosting a free online support group for LGBTQ+ individuals within the adult industry, titled "LGBTQ and Proud."

Pornhub Awards Fiesta: A Night of Music, Dancing and Camaraderie

The eighth annual Pornhub Awards transformed Los Candiles Night Club in Glassell Park into a celebration of glamour, glitter, fashion and fame Wednesday night, as performers, creators and industry insiders toasted the year’s winners and danced late into the night while Diplo and Midnight Mary kept the party pulsing from behind the decks.

Ukrainian Parliament Rejects Porn Decriminalization Bill

The Verkhovna Rada, Ukraine’s parliament, on Thursday voted against passage of a bill that would have decriminalized the creation and distribution of pornography in that country — an activity that currently carries a prison sentence of three to five years.

FSC Launches Pride Fundraising Drive

The Free Speech Coalition (FSC) has launched its Pride Fundraising Drive to support its efforts on behalf of the LGBTQ+ community.

Show More