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Protection legal professionals say 1st Modification protected adverts on Backpage

PHOENIX (AP) — Legal professionals defending the founders of the categorised website Backpage.com towards allegations they knowingly ran adverts for prostitution advised jurors Wednesday that the grownup service adverts revealed by their purchasers had been controversial however in the end protected by the First Modification.



FILE - In this Jan. 10, 2017 file photo former Backpage.com owners, James Larkin, left, and Michael Lacey wait on Capitol Hill in Washington, to appear at a congressional hearing examining the classified site. Larkin and Lacey are on trial in Arizona on federal charges of facilitating prostitution and money laundering in what authorities say was a scheme to knowingly run ads for sexual services. In opening statements on Wednesday Sept, 8, 2021, their lawyers said the site ran legally allowable ads for escort services, but didn’t publish ads for sex. (AP Photo/Cliff Owen, File)


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FILE – On this Jan. 10, 2017 file picture former Backpage.com homeowners, James Larkin, left, and Michael Lacey wait on Capitol Hill in Washington, to look at a congressional listening to analyzing the categorised website. Larkin and Lacey are on trial in Arizona on federal costs of facilitating prostitution and cash laundering in what authorities say was a scheme to knowingly run adverts for sexual companies. In opening statements on Wednesday Sept, 8, 2021, their legal professionals mentioned the positioning ran legally allowable adverts for escort companies, however didn’t publish adverts for intercourse. (AP Picture/Cliff Owen, File)

Attorneys for Michael Lacey and James Larkin mentioned in opening statements at their trial that the positioning ran legally allowable adverts for escort companies, however didn’t publish adverts for intercourse. They are saying the positioning beefed up its employees and strategies for recognizing unlawful adverts, helped authorities in investigating sexual trafficking circumstances and earned compliments from legislation enforcement for his or her help.

“Backpage was doing every part they might to assist the police,” mentioned Paul Cambria, one of many attorneys representing Lacey.

Final week, a prosecutor advised jurors that almost all of the positioning’s income got here from prostitution adverts however the founders and operators of Backpage tried to hide it. The prosecutor mentioned the positioning employed content material moderators whose job was to not take away prostitution adverts however to edit them in order that they weren’t so blatant. The prosecutor additionally mentioned the web site developed a partnership with an internet site the place prospects wrote critiques of prostitutes, which drove vital visitors to Backpage.

On Wednesday, U.S. District Decide Susan Brnovich denied a request for a mistrial made by protection legal professionals, who argued a prosecutor’s repeated references to intercourse trafficking throughout opening statements had been inflammatory.

Whereas prosecutors say the positioning revealed many adverts that depicted kids who had been victims of intercourse trafficking, nobody within the federal case in Arizona is charged with intercourse trafficking or youngster intercourse trafficking.

In all, six former Backpage operators have pleaded not responsible to costs of facilitating prostitution. Of the six, Lacey, Larkin and two others have pleaded not responsible to cash laundering costs.

The location’s advertising director has already pleaded responsible to conspiring to facilitate prostitution and acknowledged he participated in a scheme to present free adverts to prostitutes to win over their enterprise. Moreover, the CEO of the corporate when the federal government shut the positioning down, Carl Ferrer, pleaded responsible to a separate federal conspiracy case in Arizona and to state cash laundering costs in California.

Lacey and Larkin based the Phoenix New Occasions, held possession pursuits in different weeklies reminiscent of The Village Voice and in the end bought their newspapers in 2013. However they held onto Backpage, which authorities say generated $500 million in prostitution-related income from its inception in 2004 till April 2018 when it was shut down by the federal government.

The location’s operators are accused of giving free adverts to prostitutes and cultivating preparations with others who labored within the intercourse commerce to get them to submit adverts with the corporate.

Thomas Bienert, an lawyer defending Larkin, learn aloud to jurors compliments that legislation enforcement businesses gave to Backpage for his or her cooperation in intercourse trafficking investigations.

Bienert additionally mentioned the operators of Backpage had cause to assume they had been working legally, saying judges who presided in now-dismissed lawsuits over Backpage adverts discovered that its grownup companies adverts had been protected by the First Modification.

Some folks may not like the fabric revealed on Backpage however the adverts had been nonetheless authorized, Bienert mentioned. “Controversial doesn’t equal unlawful,” Bienert mentioned.

The trial is predicted to final two to a few months.

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