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

Eva Maxim, Foxxy Lead Latest From TransAngels

Eva Maxim and Foxxy star with Dakota Wonders in the latest release from TransAngels, titled "Shared Secrets."

European Commission: Age Verification App Ready For Use

The European Commission’s age verification app is now technically ready and will soon be available for EU citizens to use in order to prove their age when accessing online platforms, European Commission President Ursula von der Leyen announced Tuesday.

Lexi Lore Toplines 'Lesson Plans' From Sweet Sinner

Lexi Lore headlines “Lesson Plans,” from Mile High Media studio imprint Sweet Sinner.

Private Releases 'Two on the Road'

Private has released “Two on the Road,” directed by Xavi Rocka.

Gray Perrier, Destiny Mira Star in New Transfixed Release

Gray Perrier and Destiny Mira star in the latest release from Transfixed, titled "A Surprising Silver Lining."

UK House of Commons Moves to Tone Down Porn Amendments

The House of Commons has modified amendments to the U.K.’s pending Crime and Policing Bill, including provisions regulating “step” content, content featuring adults role-playing as minors, and performers’ ability to withdraw consent.

AEBN Reveals Ariel Demure as Top Trans Star for Q1 of 2026

AEBN has named its top trans stars for the first quarter of 2026, with Ariel Demure landing atop the leaderboard.

Final IRS 'No Tax on Tips' Rule Excludes Pornography

The Internal Revenue Service on Monday published final regulations on the “No Tax on Tips” provision included in the “One Big Beautiful Bill Act,” offering new tax deductions for tip workers but excluding revenue received for “pornographic activity.”

Lauren Phillips Fronts Latest From MYLF

2024 XMAs MILF Performer of the Year Lauren Phillips stars with Mighty Dee and Troy Francisco in the latest release from the MYLF series “MYLF Singles.”

Andie Anderson, Angie Faith Lead Latest From MILFY

Andie Anderson and Angie Faith star with Dan Damage in the latest release from Vixen Media Group (VMG) studio imprint MILFY.

Show More