Appeals Court Returns Ongoing Backpage Case to District Court

Appeals Court Returns Ongoing Backpage Case to District Court

PASADENA, Calif. — The 9th Circuit Court of Appeals issued a ruling yesterday sending back the Backpage case (known as “USA vs. Larkin” after Jim Larkin, former co-owner with Mike Lacey of the adult online classifieds website) to Judge R. Gary Klausner of the Central District of California.

The ruling follows the oral arguments on July 9, part of the ongoing saga regarding shutting down of the Backpage.com classifieds website and the seizure of millions of dollars in assets, which has been unraveling since the defendants’ March 28, 2018 indictment in Phoeniz, Ariz.

Paul Cambria, counsel for Lacey and part of the defense team, told XBIZ then that his clients had “asked the 9th circuit to vacate the stay that was issued by the district court preventing us from litigating the legality of the seizure of Backpage funds.” According to Cambria “the government conceded during oral arguments that we were correct. Most legal observers, including XBIZ, concurred.

“The government was not effective at all and they conceded that the stay had to be vacated,” Cambria said then.

Yesterday, as expected, the three-judge appellate panel vacated the stay, clearing the way for the Backpage legal team to attempt a defense on First Amendment grounds, arguing that the seizure of the assets related to Lacey and Larkin’s publishing operation before a trial or conviction prevents them from defending themselves properly, and therefore it could have dire consequences for freedom of speech.

The government has endless resources, Cambria and the rest of the team argue, and therefore it can misuse this precedent to prevent publishers whom a particular administration dislikes from defending themselves from any accusation alleged by the state.

For more XBIZ coverage of the Backpage case, click here.

Click here to read the complete 9th Court of Appeals Ruling

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

Streamate Spotlights Savannah Sly as December 'Elevate' Community Partner

Streamate has selected New Moon Network founder and co-director Savannah Sly as its Elevate Community Partner for December.

LaBellaDX Launches New Site Through YourPaysitePartner

Content creator LaBellaDX has launched her new official website through YourPaysitePartner (YPP).

Clip Page Launches 'Creator Analytics' Feature

Custom content marketplace Clip Page has launched the Creator Analytics feature on its platform.

BBWXXXAdventures Relaunches Through Grooby's Blue.xxx

Paysite BBWXXXAdventures has relaunched under Grooby's new website management company Blue.xxx.

Flirt4Free Announces 'Tease the Season' Holiday Contest

Flirt4Free has announced its Tease the Season promo and model contest, which will run Dec. 21-25.The competition is led by the return of the Snowflake Contest, where models can be gifted digital snowflakes by their fans. The models who collect the most snowflakes by 11:59 a.m. on Christmas Day will win cash prizes.

SWR Data Publishes 2024 'Top Creator Platforms' Report

Adult industry market research firm SWR Data has published a report on the Top Creator Platforms of 2024.

MintStars Joins Pineapple Support as Supporter-Level Sponsor

Content platform MintStars has joined the ranks of over 60 adult businesses and organizations committing funds and resources to Pineapple Support.

Politicians Aim to Study Effects of FOSTA-SESTA on Sex Workers

In an encouraging sign for sex workers, California State Representative Ro Khanna and U.S. Senator Elizabeth Warren of Massachusetts have reintroduced the SAFE SEX Workers Study Act, which aims to study the effects of FOSTA-SESTA.

Pornhub to Shut Down Access in Florida Over Age Verification

Aylo will geoblock Pornhub across Florida starting Jan. 1, when HB 3, the state's age verification law, goes into effect.

AEBN Publishes Popular Searches by Country for October, November

AEBN has released the list of popular searches from its straight and gay theaters by country in October and November.

Show More