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

Lily Blossom Performs Her 1st Gangbang for Blacked

Lily Blossom has performed her first gangbang in the latest episode of “Hotel Vixen: Season 3” from Vixen Media Group (VMG) studio imprint Blacked.

Eva Maxim, Zariah Aura Headline Latest Volume of 'Salacious TS Encounters' From TransSensual

Eva Maxim and Zariah Aura topline “Salacious TS Encounters 4” from Mile High Media studio imprint TransSensual.

Marie Fox, Rebel Rhyder Topline Richard Mann's 'World of Mann: Gangbangs'

Marie Fox and Rebel Rhyder headline director/performer Richard Mann's "World of Mann: Gangbangs," from Evil Angel.

Naomi Korae Performs 1st Studio B/G/G in Latest From TeamSkeet

Naomi Korae performs her first studio B/G/G alongside Kitty Chow and Arin Jones in the latest scene from TeamSkeet’s “Family Strokes” series.

Angellica Good Stars in Latest From TransAngels

Angellica Good stars with Angel Santana in the latest release from TransAngels.

BranditScan Rolls Out Scanning Feature for Telegram Live Leaks

BranditScan has launched Telegram Bot, it's new feature for scanning messaging platform Telegram for live leak.

Pineapple Support to Host 'Suicide Survivors' Support Group

Pineapple Support is hosting a free online support group for performers affected by suicide.

Pure Taboo Premieres Seth Gamble Drama 'The Doctrine'

Pure Taboo has released its new post-apocalyptic drama written and directed by multi-XMAs winner Seth Gamble, titled “The Doctrine.”

Bree Sky Stars in Latest From Family Strokes

Bree Sky stars with Enzo East in the latest release from Family Strokes’ “Sis Loves Me” series.

Jewelz Blu, Gray Perrier Lead Latest From Transfixed

Jewelz Blu and Gray Perrier star in the latest release from Transfixed, titled "Risky Frisky Realtor."

Show More