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 © 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

11:11 Creations Launches Affiliate Program

11: Creations principal Alicia Silver has launched 11:11 Cash for creators and affiliates.

Pineapple Support, Pornhub to Host 'Self Love' Support Group

Pineapple Support and Pornhub are hosting a free online support group for performers to develop self-love.

Elly Clutch Is Hustler's 'Cover Honey' for July

2024 XMA Creator Awards Female Clip Artist of the Year Elly Clutch is the Cover Honey for the July issue of Hustler Magazine and appears in a 14-page centerfold spread shot by ThisYearsModel.com.

Paysite 'RealGirlsFuck' Relaunches as 'Taboolu.com'

Producer/performer Josh Lewis has relaunched his paysite, RealGirlsFuck, as Taboolu.com.

Sabien DeMonia Drops Latest Evil Angel Directorial 'Corruption of Innocence'

Director Sabien DeMonia has dropped her latest directorial effort for Evil Angel, “Corruption of Innocence.”

Brittany Andrews Performs 1st Blowbang for Brazzers

Brittany Andrews performs her first blowbang in the second installment of the Brazzers series “MILF Quest.”

Queen Mirage Makes Her WIFEY Debut

Creator Queen Mirage stars with her husband James Atwoods and Sheem in the latest release from Vixen Media Group studio imprint WIFEY.

Futanari XXX Drops 1st Installment of Sofia Lee Feature 'Hauntings'

Futanari XXX has released the first installment of director Sofia Lee's horror feature, "Hauntings."

Zariah Aura Stars in Latest From Transfixed

Zariah Aura stars with Sophia Locke in the latest release from Transfixed, titled "Undercover Stepdaughter."

Wicked Premieres 1st Installment of Seth Gamble's Erotic Thriller 'Once Upon a Time in the Valley'

Wicked Pictures has released the debut installment of multi-XMAs award winner Seth Gamble's latest feature, "Once Upon a Time in the Valley."

Show More