WASHINGTON — U.S. District Judge Richard Leon today heard Woodhull Freedom Foundation and other plaintiffs’ arguments on why injunctive relief should be granted against the enforcement of FOSTA.
Woodhull and the others maintain that FOSTA is unconstitutionally vague, overbroad and fails strict scrutiny tests regarding advancing an important government interest. It has filed a motion against the government in efforts to win a preliminary injunction.
In the proceedings at U.S. District Court for the District of Columbia, Woodhull’s motion was heard and taken under advisement.
Leon said that Woodhull and Justice Department attorneys may file supplemental pleadings within 10 days of their receipt of the transcript. He did not disclose when he would rule on the motion for preliminary injunction.
FOSTA, known formally as the Allow States and Victims to Fight Online Sex Trafficking Act, brings new tools for law enforcement, including the ability to bring criminal charges against the operators of sites that facilitate prostitution. It also allows for civil claims, as well.
Woodhull and the other plaintiffs noted First and Fifth Amendments violations come with the law amending Section 230 of the Communications Decency Act, which provided companies immunity from most liability for publishing third-party content.
Counsel representing Woodhull and other plaintiffs include Bob Corn-Revere of Davis Wright Tremaine; Lawrence Walters of the Walters Law Group; Aaron Mackey, David Greene and Corynne McSherry of the Electronic Frontier Foundation; and Daphne Keller of the Stanford Law School Center for Internet and Society.
Counsel for the government include Jessie Liu, Daniel Van Horn and Jason Cohen.
Read Woodhull’s case for a preliminary injunction in an XBIZ story here. Read the government’s opposition here.