Woodhull, Other Plaintiffs Weigh Options After FOSTA Suit Tossed

Woodhull, Other Plaintiffs Weigh Options After FOSTA Suit Tossed

WASHINGTON — U.S. District Judge Richard Leon today granted the U.S. government’s motion to dismiss a lawsuit by the Woodhull Freedom Foundation and other plaintiffs over the enforcement of FOSTA.

With the order, Leon also denied Woodhull’s motion for preliminary injunction.

Woodhull and the other plaintiffs maintained that FOSTA is unconstitutionally vague, overbroad and fails strict scrutiny tests regarding advancing an important government interest.

Oral arguments in the case were held in mid-July at U.S. District Court for the District of Columbia and taken under advisement.

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.

One by one, Leon, in his memorandum opinion issued today, said that Woodhull and the other plaintiffs named in the suit — Human Rights Watch, Eric Koszyk, Alex Andrews and the Internet Archive — lacked standing (having a vested interest) to peel back amending Section 230.

Since FOSTA was passed in the U.S. Senate and signed into law by President Trump numerous adult websites have been affected by the measure's intention to outlaw prostitution advertising. Many have closed shop or limited access.

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.

Walters told XBIZ today that Woodhull and the other plaintiffs are weighing their options to fight FOSTA's enforcement.

"While we were naturally disappointed that the court did not reach the constitutional issues with FOSTA, we believe that the plaintiffs have standing to bring the claims," Walters said. "Either side would have likely appealed the rulings on these initial motions, regardless of the result.

"So, the plaintiffs are currently considering their next steps in pursuing the case." 

Copyright © 2025 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

A Day With Mike Quasar: Porn, Pets and Wit That Won't Quit

Mike Quasar has been working in the adult industry for 34 years. The highly respected veteran director admits to feeling a little astonished by this fact.

Kelly Holland's Industry Animal Rescue Charity Event 'Vice Is Nice' Returns Saturday

The 13th annual Vice Is Nice event, a long-standing adult industry fundraiser for Animal Rescue Alliance (TARA), will take place Saturday in Chatsworth.

France Reinstates Age Verification Rule for EU Sites

France’s highest court, the Council of State, on Tuesday reinstated age verification rules for EU-based sites under the country’s Security and Regulation of the Digital Space (SREN) law, ruling in favor of the French government and against Hammy Media.

Whisper Fans Joins Pineapple Support as Supporter-Level Sponsor

Whisper Fans has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

Angela White Stars in Latest From Brazzers

Angela White stars with Scott Nails in the latest release from Brazzers, titled "Brazzers Beach."

Utherverse Launches 'Red Light Center' Virtual World

Virtual reality and metaverse technology company Utherverse has launched its new virtual world, RedLightCenter.io.

European Commission Approves AV Guidelines, Unveils Prototype App

The European Commission on Monday released its final, approved guidelines for protecting minors online under the EU’s Digital Services Act (DSA) and made public a “white label” age verification app intended to help sites and platforms comply with age verification rules under the DSA.

Eva Angelina on Stepping Back Into the Spotlight With Purpose

Eva Angelina is back in front of the camera, stronger and sharper than ever. Making her triumphant return in her own inimitable badass style, the veteran performer recently reentered the industry not just with a bang, but a dazzling signal flare.

Cassie Del Isla, Ama Rio Topline Latest 'Secret Lesbian Diaries'

Cassie Del Isla and Ama Rio headline the 15th volume of "Secret Lesbian Diaries" from Girlfriends Films.

Show More