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

Going Deeper: Kayden Kross Launches Photo Book, Cultural Movement With DTLA Gallery Exhibition

The adult community is in full force at Wönzimer art gallery in downtown L.A. on Thursday night to support the launch of “Deeper,” Kayden Kross’ 448-page photography book, titled after the Vixen Media Group (VMG) studio imprint she founded and drawn from its expansive photo library.

Sage Pillar Makes Her WIFEY Debut

Sage Pillar has made her debut for Vixen Media Group studio imprint WIFEY alongside her husband Pierre and Chocolate Rod.

On-Chain JAV Distribution Platform 'HandSome' Goes Live With Open Beta

Fukuoka tech firm Fidem has officially rolled out an open beta version of HandSome, a new Japanese Adult Video (JAV) content distribution platform built on blockchain technology.

Sarah Arabic Leads Latest From Pure Taboo

Sarah Arabic stars with Joey Avalon in the latest release from Pure Taboo, titled "Every Two Hours."

Arcom Investigates Mym Over SREN Compliance

French media regulator Arcom is investigating creator platform Mym to determine whether the site may have violated age assurance rules and/or other requirements of France’s Security and Regulation of the Digital Space (SREN) law.

Hope Heaven Crowned Newest 'Vixen Angel'

Vixen Media Group (VMG) has named Hope Heaven as its newest Vixen Angel.

England, Wales to Enforce 'Extreme' Content Laws Starting Nov. 6

England and Wales will begin enforcing new laws criminalizing depictions of “non-fatal strangulation,” as well as sexual content in which adults portray underage characters, starting Nov. 6, the U.K. Ministry of Justice announced Friday.

Sabien DeMonia Makes Her Hentaied Debut

Euro XMAs winner Sabien DeMonia has made her debut for Hentaied alongside Dimitry Simonit in the latest installment of the series "Futanari-Dom," titled "Secret Side of Me."

Reborn Cinema Sets Sex and Storytelling to a Tropical Soundtrack

In Karim Z's imagination, it all started in Rio de Janeiro. There was sun, sand and plenty of skin. Beautiful people cavorted along the beach while the sounds of bossa nova, rock and electronic music washed over scenes of sex and excess. The performers would be Brazilian, the dialogue would be in Portuguese and music would drive the action as much as anything happening on screen.

Report: UK Film Classification Board to Monitor 'Extreme' Content Online

The U.K. government has tapped the British Board of Film Classification (BBFC) for a pilot program to monitor online pornography for illegal and “extreme” content, as it prepares to enforce new content restrictions, British media outlet Sky News is reporting.

Show More