FOSTA Plaintiffs Ask Court for More Time to File Appellate Briefs

FOSTA Plaintiffs Ask Court for More Time to File Appellate Briefs

WASHINGTON — The Woodhull Freedom Foundation and other plaintiffs have asked a federal appeals court for more time to file briefs in its bid to block enforcement of FOSTA.

The request, which is unopposed by the Justice Department but hasn’t yet been approved by the court, would extend the submission of Woodhull’s opening briefs by at least a month, moving the deadline into mid-February.

Woodhull was originally scheduled to deliver its opening brief by Jan. 14.

If approved by the court, Woodhull would produce its opening brief by Feb. 13, and Justice Department attorneys would respond by March 15.

Woodhull attorneys said additional time is requested because of previous winter holiday commitments, as well as a number of briefs scheduled previously in other legal cases.

In the case, Woodhull contends the law amending Section 230 of the Communications Decency Act, which previously provided companies immunity from most liability for publishing third-party content, violates the First and Fifth Amendments.

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. Some adult sites, like CityVibe.com and Nightshift.co, have even closed shop.

Scores of mainstream sites also have laid down the gavel. Craigslist cut all of its popular personal ads. Meanwhile, Facebook in October changed its community standards policies for sexual solicitation and nudity. And Tumblr recently announced that it would ban porn on its site; that ban starts Monday.

With the appeal, Woodhull is asking a three-judge panel on the D.C. Circuit to toss a decision by U.S. District Judge Richard Leon’s order that granted the U.S. government’s motion to dismiss their lawsuit over the enforcement of FOSTA.

Leon shot down the lawsuit because he ruled that the plaintiffs lacked standing in the case; he never reached the constitutional issues involving FOSTA.

Last month Woodhull and others offered a statement of issues to be raised, as well as other court papers that get the appeal off the ground.

The appellants raised numerous points in their appeal, including whether the court erred by ruling the plaintiffs lacked standing to challenge FOSTA’s constitutionality and whether the act is overbroad and enacts unconstitutionally vague restrictions.

Along with Woodhull, other plaintiffs include Human Rights Watch, Eric Koszyk, Alex Andrews and the Internet Archive.

Attorneys representing Woodhull include Lawrence Walters of Walters Law Group, Robert Corn-Revere and Ronald London of Davis Wright Tremaine, Aaron Mackey and David Greene of the Electronic Freedom Foundation and Daphne Keller.

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

Lauren Phillips, Derek Kage Cap AEBN's Top 100 Stars of 2025

AEBN has revealed its top 100-selling stars of 2025 in both gay and straight theaters.

The Game to Bring West Coast Fire to X3 Expo Grand Finale

Multi-platinum West Coast rapper The Game will close out X3 Expo grand finale, presented by Chaturbate, with a high-octane live performance at the Hollywood Palladium on Saturday, Jan. 17, delivering a finale built on swagger, legacy and raw LA energy.

Anna Bella Makes Her Studio Debut in Latest From Immoral

Anna Bella has made her studio debut in the latest release from Immoral Productions, alongside Matt Bird and studio honcho “Porno Dan” Leal.

Danni Jones Returns to Pervz

Danni Jones stars with Ryan Mclane in the latest episode of the Pervz series "ShoplyfterMYLF," titled "Case No. 8004409 — Weren’t You My Tutor?"

Former IEAU Officer Sentenced to 4 Months

Amanda Gullesserian, who performed in the industry under the name Phyllisha Anne and founded the now-defunct International Entertainment Adult Union (IEAU), has been sentenced to four months’ imprisonment for making a false statement in an IEAU federal financial report.

Sky Wonderland, Melody Marks Front Latest From Blacked Raw

Sky Wonderland and Melody Marks star with Sheem in the latest release from Vixen Media Group (VMG) studio imprint Blacked Raw.

2026 XBIZ LA Conference Schedule Announced

XBIZ is pleased to announce the release of the full show schedule for the XBIZ 2026 conference, set to take place Jan. 12-15 at the Kimpton Everly Hotel in Hollywood.

Needemand Joins ASACP as Corporate Sponsor

French startup company Needemand has signed on as the latest corporate sponsor for Association of Sites Advocating Child Protection (ASACP).

Grooby Kicks Off 30th Anniversary With Aubrey Kate Return

Two-time XMAs Trans Performer of the Year Aubrey Kate returns to Grooby for the first time since 2017, starring alongside Chris Epic to mark the commencement of the studio’s 30th anniversary year.

Octavia Red Stars in 'No Need for Men' From Futanari XXX

Octavia Red stars with Ava Amira in “No Need for Men Pt. 1,” from Futanari XXX, directed by studio honcho Romero.

Show More