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 © 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

Wicked Premieres 1st Installment of Seth Gamble's Erotic Drama 'Love/Hate'

Wicked Pictures has released the debut installment of multi-XMAs award winner Seth Gamble's latest series, "Love/Hate."

AV Bulletin: Loopholes and Lawsuits

This roundup provides an update on the latest news and developments on the age verification front as it impacts the adult industry.

Utah 'Porn Tax' Bill Will Head to Governor's Desk

A bill that would tax adult websites and make them liable if minors circumvent geolocation has passed the Utah state legislature and will soon head to the office of Gov. Spencer Cox for signature or veto.

Aleksa Mink Fronts Latest From Reality Kings

Aleksa Mink stars with Dick Dealer Don in the latest release from Reality Kings.

Angie Lynx Toplines Angelo Godshack's 'Hardcore Gangbangs 6'

Angie Lynx headlines the sixth volume of director Angelo Godshack's "Hardcore Gangbangs," from Evil Angel.

Flirt4Free Co-Founder Gregory Clayman Passes Away

Gregory Clayman, a pioneering figure in the live cam sector and cofounder of the long-running webcam platform Flirt4Free, has passed away.

Pornhub to Restrict Access in Australia as AV Rules Take Effect

Pornhub parent company Aylo will restrict access to its free video-sharing platforms in Australia in response to new age verification regulations, the company confirmed Thursday.

ASACP Announces F2F as 1st Gold Sponsor

The Association of Sites Advocating Child Protection (ASACP) has announced Friends2Follow (F2F) has upgraded its sponsorship and become the organization’s first Gold Sponsor.

House Committee Approves Online Safety Bill With Federal AV Requirement

The U.S. House of Representatives Committee on Energy and Commerce on Thursday passed the Kids Internet and Digital Safety (KIDS) Act, which includes provisions to make age verification by adult websites federal law.

Segpay Adds 'Pay by Bank (UK)' Payment Solution

Segpay has added the Pay by Bank (UK) option to its direct payments solutions.

Show More