SAN FRANCISCO — The Ninth Circuit Court of Appeals this week scheduled for September 2 oral arguments regarding a lower court’s refusal to dismiss the Backpage.com case, following the notorious 2021 mistrial declared by an Arizona judge.

Oral arguments will be presented 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 former Backpage owners Michael Lacey and Jim Larkin. 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,” Phoenix reporter Stephen Lemons told XBIZ. Lemons has been covering the case for years, for the Lacey-Larkin online publication Front Page Confidential. “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. The matter is fully briefed, and the court has tentatively scheduled oral arguments for Sept. 2 in San Francisco.”

According to Lemons, “the government knows that the speech that appeared on Backpage was legal and protected by the First Amendment. One of its own witnesses said so at trial. It’s time for this unhinged vendetta to end.”

Lemons’ recent Front Page Confidential report on the new date for oral arguments described the upcoming hearing as allowing each side 15 minutes before a panel of three judges.

“A notice on the federal docket states that the panel could still decide to forgo oral arguments and rule from the briefs in the case,” the report noted.

Backpage was shuttered and seized by federal authorities in 2018, days before President Trump signed FOSTA into law. The government accused Lacey, Larkin and others of a number of alleged crimes related to their ownership of the popular adult-oriented classifieds website. The case was subsequently used by several political figures, including Vice President Kamala Harris, as an example of the need for the FOSTA Section 230 exception.

Federal prosecutors accused the company of “participation in a conspiracy to facilitate and promote prostitution,” and also of money laundering, human trafficking and other charges, which were strongly disputed by the defense.

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

POMPANO BEACH, Fla. — M.D. Science Lab, maker of the Swiss Navy brand, is observing National Adult Sex Education Month with the launch of its “Swiss Navy Certified Expert” e-learning certification course.

“We create solutions for our customer-partners,” said Briana Watkins, VP of sales and marketing for M.D. Science. “We understand the concerns that retailers have, many of whom are struggling with high turnover and need help with the demands of constantly training and retraining their staff.”

The new online certification course is self-paced in a bite-sized format and can be accessed on multiple devices anytime to better fit retail staff schedules.

“So far, we’ve released our first two modules with eight additional modules in the works,” Watkins said. “We understand how information in our industry is constantly expanding and evolving, which can make it difficult for retailers to keep training current and comprehensive. We want to provide an education for your staff members to help them be better prepared and to be a valuable part of your success.”

Upon successfully completing all 10 modules in the course, each staff member will receive a certificate confirming them as a Swiss Navy Certified Expert.

Visit SwissNavyCertifiedExpert.com for additional details.

Find Swiss Navy online and on Twitter.

Jun 21, 2022 2:56 PM PDT

TORONTO — Cam platform Tempted.com has launched a new interview feature called Tempting Discovery, where fans can purchase exclusive photos and clips and access additional content to encourage a more intimate experience with their favorite performers, or “Temptations.”

A rep noted belly dancer and content creator Samara was the first Temptation to utilize the feature; her Tempting Discovery features an introductory tease, clips, a written interview, photos and a link to her Tempted profile.

All Tempting Discovery interviews can be accessed through the official Tempted blog; links are also sent internally to Tempted’s fanbase via alerts and newsletters.

Those utilizing the feature will additionally receive social media promotion by Tempted on Twitter and YouTube.

“The interviews are really successful. The Tempting Discovery is a quick read, and the fans and other Temptations are really enjoying them,” said brand ambassador Eve. “Unlike other platforms, we send our models traffic through our blog and social media. These interviews have been a great promotional tool, and we have many more in the works.”

Temptations and new models interested in being featured as a Tempting Discovery can reach out to Eve through their dashboard or via Instagram DM.

For signup details, click here.

MONTREAL — Adult Time has debuted trans, all-girl and B/G episodes of its new series, “Free Use Industries.”

Joanna Angel helms the series about a “discreet organization” offering “a very special service to people who want to take advantage of sexual freedom in a whole new way,” a rep said. The organization “provides sexual services to clients for ‘free use’ with no strings attached — anytime, anywhere. Even in public.”

In addition to directing, Angel appears in a key nonsex role.

The B/G installment, titled “Executive Decisions,” toplines Keira Croft and Seth Gamble in “a fantasy tale about a mid-level employee that hires Free Use Industries to take advantage of willing participants in any way he likes,” the rep said. “It just so happens that the person he’s joining in these free-for-all services is his boss.”

Juanito Blanco, Biish Bullard and Sheryl Ho play nonsex roles.

The all-girl episode, titled “Time of Need,” stars Bella Rolland, who inquires as to whether Free Use Industries accommodates lesbians; Kira Noir is her answer, along with a warning to “expect the unexpected.”

Bullard, Croft, Ho and Jessie Lee appear in nonsex roles.

The trans edition of “Free Use Industries,” titled “Expose-Her Therapy,” headlines Jade Venus as a therapist whose client (Charlotte Sins) takes advantage of an offer for sexual healing.

Croft and Ho co-star in nonsex roles. 

“We have seen a lot of our fans requesting more content featuring the trending concept of ‘free use’ and decided to test it out and see if there’s a genuine interest among our members,” said Frank Stacy, Adult Time’s director of marketing. “The quirkiness of the concept, along with her proven track record of bringing to life ludicrous ideas in creative ways, made this the perfect pilot project for Joanna Angel to work on with us.”

Visit AdultTimePilots.com and follow the streaming service on Twitter.

LOS ANGELES — Sohimi is now shipping its new three-in-one vibrator equipped with 20 modes of stimulation.

“The device has 10 vibration patterns, five pulsation modes and five sucking modes,” a rep said. “It is designed to simulate realistic oral pleasure and offers a variety of ways to explore all kinds of fun.”

A “mute” function keeps the noise below 40 decibels, a sound level considered to be similar to that of an average home or a quiet library, the company said.

The vibe is made from smooth, high-quality silicone and is waterproof.

Additionally, the rep noted, all Sohimi products ship in discreet packaging.

“We are constantly working to improve our products and services,” the rep said.

For more information, visit Sohimi.com and follow the company on Twitter.

VALENCIA, Calif. — Girlfriends Films has released “Women Seeking Women 188” featuring contract star Lacy Lennon in two scenes.

This installment marks Lennon’s sixth appearance in the “Women Seeking Women” series. The new release pairs her with Adalind Gray and with Amber Stark, in her Girlfriends debut.

Additional scene partners include Katie Kush (“Women Seeking Women 177”) with debuting starlet Summer Col, and Aften Opal (“Women Seeking Women 180”) opposite Nicola Aria.

During production, Opal and Aria posted behind-the-scenes sneak peeks. “Doing sexy things with this beautiful gal today,” tweeted Aria, while Opal enthused about “spicy times” on the set.

Gray also broadcast her enthusiasm about filming with Lennon, tweeting “Thanks, Lacy, for a great time” and promising that fans “are not gonna fucking believe” how hot their scene was. 

“Women Seeking Women 188” is now streaming exclusively on VOD here; find additional BTS details here and follow Girlfriends on Twitter.

HOUSTON — The Texas Republican Party adopted a new platform for 2022 at its state convention over the weekend, including a call for the state to officially “recognize that pornography is a public health hazard.”

The assertion is then repeated again in the new platform, as part of an additional call for Texas to recognize “that pornography and pedophilia are public health hazards.” Both calls, including the second one randomly linking pornography with pedophilia, are now official planks of the Texas GOP for the 2022 election. They are included in the platform document as sections 149 and 151 of the subheading “Substance Abuse & Addiction.”

The “Substance Abuse & Addiction” subheading begins with a statement of opposition to the “legalization and decriminalization of illicit natural and/or illegal synthetic drugs,” then declares support for “the exercise of a zero-tolerance policy with maximum penalty for illegal drug manufacturers and distributors,” opposition to “any needle exchange programs,” a call for “faith-based rehabilitation programs” to be considered for inclusion in rehabilitation programs and a plea for Congress to “remove cannabis from the list of Schedule 1 and move to Schedule 2.”

This is followed by section 149: “Pornography Crisis: The State of Texas shall recognize that pornography is a public health hazard.”

Section 150 then calls for a “Ban on Exposing Minors to Pornography Online.”

“We call upon our elected leaders to compel any websites displaying pornographic content in Texas to implement age verification for preventing minors from accessing the content, and to block or punish any such websites that continue to make such material available to minors.”

After the age verification proposal, section 151 redundantly repeats the heading “Pornography Crisis,” and expands that second call to a plea that “the State of Texas shall recognize that pornography and pedophilia are public health hazards.”

The last time the GOP drafted a national official platform, in 2016, it declared porn “a public health crisis.” The GOP shelved that platform after Donald Trump’s nomination and has deliberately refrained from putting its agenda in any formal document ever since, with Sen. Mitch McConnell (R-Kentucky) as the main enforcer among his colleagues of the “no platform” stance.

As XBIZ reported, a peer-reviewed study by Boston University researchers published in 2020 concluded that there is no actual “public health crisis” connected to pornography, and that efforts to get legislation passed in several U.S. states are driven by a religious agenda.

The War on Non-Shame-Based Sexual Education

The Republican conventioneers also want Texas to criminalize sex education. The platform demands that the state legislature “pass a law prohibiting the teaching of sex education, sexual health or sexual choice or identity in any public school in any grade whatsoever, or disseminating or permitting the dissemination by any party of any material regarding the same.

“All school districts, individual schools, or charter schools are prohibited from contracting with or making any payment to any third party for material concerning any of the above topics. Until this prohibition goes into effect, sexual education shall only utilize sexual risk avoidance programs and promote abstinence outside of marriage. Before a student may be provided with human sexuality or family planning instruction, the district must obtain the written consent of the student’s parent or guardian,” the platform states.

Section 106, on “Inappropriate and/or Harmful Content,” urges the Texas legislature to pass “legislation that requires Texas schools and libraries to filter inappropriate and/or harmful content, such as pornography, for minors. Operators of adult sex entertainment businesses and venues, adult entertainment of any kind, including Drag Queen Story Hour, shall not be part of educational programming in public schools, libraries or any other taxpayer-funded program for children. We support passage of a law more comprehensive than the Florida law that prohibits instruction in sexual orientation and gender identity in public schools.”

As for “Healthcare in Public Schools,” the Texas Republicans demand that their legislators “shall prohibit reproductive healthcare services, including counseling, referrals and distribution of condoms and contraception through public schools.”

The platform also urges immediate repeal of an “Obscenity Exemption” in the Texas penal code that exempts educational and scientific materials from prosecution for “sale, distribution, or display of harmful material” to minors, as the Texas Republicans maintain that this provision “allows children access to harmful, explicit or pornographic materials under the guise of education.” 

The War Against LGTBQ+ People

Section 143, simply titled “Homosexuality,” declares that “homosexuality is an abnormal lifestyle choice.”

“We believe,” the Texas Republicans profess, that “there should be no granting of special legal entitlements or creation of special status for homosexual behavior, regardless of state of origin, and we oppose any criminal or civil penalties against those who oppose homosexuality out of faith, conviction, or belief in traditional values. No one should be granted special legal status based on their LGBTQ+ identification.”

The next section of the Texas GOP platform urges the party to “oppose all efforts to validate transgender identity.”

To read the entire 2022 platform adopted by the Texas Republican Party, click here.

LOS ANGELES — Gwyneth Paltrow has released a video on Instagram showcasing the Viva La Vulva vibrator, the latest addition to her lifestyle brand Goop.

Viva la Vulva, retailing at $98, is described as “a clitoral stimulator made for deeply satisfying orgasms,” a rep noted.

Vagina owners, the rep continued, are encouraged to “use your thumb and middle finger to grasp the gold sphere in the middle, then place the highest point of the arch on your clitoris — or wherever else feels good — for targeted stimulation.

“For broader vulva massage, the curve will help you find a rhythm,” the rep added, also noting the silicone pleasure product’s “ultra-quiet” quality.

“Go at it solo or pass the toy to a partner and explore its rumbly vibrations together,” the rep concluded.

Paltrow’s video shows her at home chasing the mysterious sounds of Vivaldi’s “Four Seasons,” and ultimately realizing they emanate from a small white box on her kitchen counter.

Paltrow opens the box and is delighted to find the discreet sex toy.

“She’s small but mighty,” the lifestyle diva wrote about Viva La Vulva.

For more information, visit Goop.com.

LAGOS — The federal government of Nigeria, the largest economy in Africa, ordered all open-access online platforms last week to “remove, disable or block access” to all “pornographic” content.

Although the introduction to the order specifically targets “any non-consensual content, which displays partial or full nudity, sexual acts, deep fake or revenge porn,” a less-prominent section expands the ban to “all illegal material” and orders platforms to “inform users through the terms of service not to create, publish, promote, modify, transmit, store or share any content or information” that is “defamatory, libelous, pornographic, revenge porn, bullying, harassing, obscene, encouraging money laundering, exploiting a child, fraud, violence or inconsistent with Nigeria’s laws and public order.”

All gay content is already automatically illegal in Nigeria, as is any form of private gay sexuality. According to reports, the country ranks second worldwide on searches for “gay porn.”

The order was made public last Tuesday and all platforms available to the 216-million Nigerians were only given 24 hours to comply.

It is unclear what the reach and success of the measure was in practice, even without considering the use of easily available VPN programs to change an individual IP address location.

The order was included in the new Code of Practice for Interactive Computer Service Platforms/Internet Intermediaries (Online Platforms), issued last week according to local sources.

The Code of Practice was developed by the National Information Technology Development Agency (NITDA) together with the Nigerian Communications Commission and the National Broadcasting Commission. Those organizations claimed they requested input from top platforms such as Twitter, Facebook, WhatsApp, Instagram, Google and TikTok.

The Code of Practice urged online platforms to “act expeditiously to remove, disable or block access to non-consensual content that exposes a person’s private areas, full or partial nudity, sexual act or revenge porn, where such content is targeted to harass, disrepute, or intimidate an individual.

“A Platform must acknowledge the receipt of the complaint and take down the content within 24 hours,” the order concluded.

Moreover any alleged “unlawful content” should immediately be deleted “upon receiving a notice from a user, or an authorized government agency,” the order mandated.

In an attempt to exercise direct pressure on international companies, the Code of Practice also required each online platform to designated a specific representative to interface with the Nigerian authorities. Any platform with more than 100,000 Nigerian users is also ordered to establish an office in Nigeria. That office is also ordered to provide information about any Nigerian users upon demand by the government.

According to a recent report by the Council on Foreign Relations, Nigerian President Muhammadu Buhari has “reverted to his authoritarian style of the 1980s, growing intolerant of the press and civil society organizations that challenge his administration. Buhari’s government accuses its critics of crimes including treason and terrorism, and has undercut the judiciary. This recent authoritarian turn threatens progress made in Africa’s most populous country since the military left power in 1999.”

Buhari is a retired Nigerian Army major general who served as the country’s military head of state from 1983 until 1985, after taking power in a military coup. He was elected as constitutional president in 2015 and has been in power for seven years.

BOSTON — Aubry Andrews of “Confess to Aubry” will serve as guest moderator for tomorrow’s edition of the Twitter-based chat show #SexTalkTuesday, from 5 to 6 p.m. (PDT) to discuss the topic: “What does consent look like?”

Andrews’ writing and research “explores how men choose to see women, how women choose to see themselves and how these viewpoints impact the ever-changing landscape of sexuality and relationships,” said a rep.

Her Twitter account presents 30 hand-picked confessions from contributors across the globe, which are curated to “inspire, shock and thrill every Friday,” the rep continued. “Other projects include a serial piece on Medium, ‘Nice Guys Finish Last and Why They Should;’ a dating misadventures book featuring collected stories from women around the world; and her ever-growing thesis on the shift in relationship dynamics and the declining divorce rates in the U.S.”

Angie Rowntree, founder of Sssh.com and producer of #SexTalkTuesday, explained that “given the attacks on sex-positivity that are increasingly prevalent in mainstream media, it’s now more important than ever to discuss consent and also have open dialogue about sexual ethics. Consent is absolutely vital to the sexual freedoms we enjoy, not just in the adult industry as content creators, but also for civilians navigating today’s world as well.”

Participate in the discussion by following the #SexTalkTuesday hashtag and visit the show online and on Twitter.

Find Aubry Andrews on Twitter; follow Sssh.com on Twitter and XBIZ.tv and direct inquiries to Rowntree at editor@sssh.com.