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

FSC Announces 2025 Board of Directors Election Nominees

The Free Speech Coalition (FSC) has announced the nominees for its 2025 Board of Directors election.

AdultHTML Launches Black Friday Web Design, Development Promo

AdultHTML has launched its annual Black Friday/Cyber Monday promo for web design and development, running through Dec. 5.

Chanel Camryn Headlines 'Babysitters Wanted 4' From Reality Junkies

Chanel Camryn toplines the fourth volume of "Babysitters Wanted" from Mile High Media studio imprint Reality Junkies.

Romi Rain Featured on 'Adult Time Podcast'

Romi Rain is the latest guest on “The Adult Time Podcast,” hosted by studio CCO Bree Mills.

Lily LaBeau, Sarah Jessie Topline 'My Lesbian Masseuse'

Lily LaBeau and Sarah Jessie headline "My Lesbian Masseuse," from Girlfriends Films.

Millie Morgan, Ken Feels Star in Latest From New Sensations

Millie Morgan and Ken Feels star in the latest release from New Sensations.

Violet Myers Leads New Gangbang From Blacked

Violet Myers stars in the latest gangbang release from Vixen Media Group studio imprint Blacked.

Violet Voss Stars in Latest From Bang Bros

Violet Voss stars with Don Sudan in a new scene for Bang Bros.

Taylor Vixxen, Bunny Madison Front Latest From Swappz

Taylor Vixxen and Bunny Madison star in the new scene from Swappz, titled “No Nut November School Survival Guide.”

Canada Exempts Online Adult Content From 'CanCon' Quotas

The Canadian Radio-television and Telecommunications Commission (CRTC) has updated its broadcasting regulatory policies, exempting streaming adult content from “made in Canada” requirements that apply to other online material.

Show More