FOSTA Plaintiffs File Supplemental Pleadings in Bid to Seek Injunction

FOSTA Plaintiffs File Supplemental Pleadings in Bid to Seek Injunction

WASHINGTON — Lawyers representing the Woodhull Freedom Foundation and other plaintiffs filed court papers today to support their motion for preliminary injunction against FOSTA.

Woodhull — along with the Human Rights Watch, the Internet Archive and two individuals, Alex Andrews and Eric Koszyk — filed a lawsuit against the federal government focusing on First and Fifth Amendments violations that come with the statute amending Section 230 of the Communications Decency Act. Section 230 provided companies immunity from most liability for publishing third-party content.

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, as well as for private lawsuits.

Since initiating the suit seeking the law's reversal, Woodhull and other plaintiffs have said that FOSTA chills sexual speech and harms sex workers.

In a supplemental brief filed today in support of an injunction, Woodhull said that FOSTA can be interpreted to reach plaintiffs’ activities, and that the plaintiffs face a credible threat of prosecution, and that they are likely to be adversely affected by the law. 

“This court should hold that plaintiffs have standing and issue the requested preliminary injunctive relief,” said plaintiffs’ counsel, which include attorneys Bob Corn-Revere, Ronald London, Daphne Keller and Lawrence Walters, along with counsel from the Electronic Frontier Foundation.

“The government fundamentally misapplies the First Amendment in this case because it misapprehends how FOSTA regulates speech,” plaintiffs counsel wrote in the motion. “Contrary to the government’s mistaken assumption, the only activity of an interactive computer service is communication, and FOSTA’s amendments to Section 230 provide that the operator of such a service shall be treated as the publisher or speaker of … information provided by another on topics specified by the law." 

Plaintiffs attorneys said the misunderstanding undermines the government’s overall defense of FOSTA, “including its analyses of whether the law reaches plaintiffs’ activities, whether there is a realistic threat of prosecution or civil liability and how those risks affect the plaintiffs.”

“If FOSTA had been enacted pre-internet and imposed penalties on anyone who owns, manages, or operates a printing press or conspires or attempts to do so, with the intent to promote or facilitate the prostitution of another person, no one would doubt it was a regulation of the press and subject to strict First Amendment limits. 

“The same standard applies to operation of an interactive computer service, as the case law uniformly holds.”  

U.S. District Judge Richard Leon in Washington already has heard oral arguments over the plaintiffs’ request for injunctive relief.

In the proceedings on July 19 at U.S. District Court for the District of Columbia, the plaintiffs’ motion was heard and taken under advisement.

Leon said that he would allow supplemental pleadings within 10 days of receipt of transcript. Today, plaintiffs filed their additional pleadings.

Leon, however, did not disclose when he would rule on the motion for preliminary injunction.

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

Millie Morgan Leads Latest From MILFY

Millie Morgan stars with Sky Wonderland and Dan Damage in the latest release from Vixen Media Group (VMG) studio imprint MILFY, titled “Sexy MILF Teaches Younger Hottie to Take Control.”

Anissa Kate Fronts Latest From MILFY

Anissa Kate stars with Goldey in the latest release from Vixen Media Group (VMG) studio imprint MILFY.

Suki Sin Stars in Latest From Family Strokes

Suki Sin stars with Rion King in the latest release from the Family Strokes series "PervMom."

Digital Playground Premieres Ricky Greenwood's Action Feature 'The Tribunal'

Digital Playground has dropped “The Tribunal,” a futuristic, dystopian action film from multi-XMAs winner Ricky Greenwood.

Segpay Opens New Global Headquarters in Boca Raton

Segpay has selected Boca Raton for its new global headquarters.

X3 Euro All-Stars Paint Amsterdam Red in Billboard Campaign

The X3 Expo Euro All-Stars are making a splash on the vibrant streets of Amsterdam as the creator-first fan event prepares to make its debut on the continent.

Kendra Sunderland, Alina Lopez Lead Latest From Vixen

Kendra Sunderland and Alina Lopez star with reigning and three-time XMAs Male Performer of the Year Vince Karter in the second installment of the Vixen showcase series “The Angel Anthology.”

Tiny Secret Games Taps Pauline Schmiechen for Growth and Partnerships Advisor

Adult game studio Tiny Secret Games has named Pauline Schmiechen as its new growth and partnerships advisor.

BranditScan Names Aerie Saunders as Community Manager

BranditScan has named Aerie Saunders as its new community manager.

Greta Foss Makes Her Immoral Debut

Greta Foss has made her debut for Immoral Productions alongside Megan Longoria, Matt Bird, and studio honcho “Porno Dan” Leal.

Show More