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

New AI Companion Platform 'SinfulXAI' Launches

SinfulXAI, a new AI companion platform, has officially launched.

Sarah Arabic Stars in Latest From Brazzers

Sarah Arabic stars with Scott Nails in the latest release from Brazzers, “Anal Doesn’t Count.”

Emma Rosie, Girthmasterr Front Latest From Brazzers

Emma Rosie stars with Brazzers exclusive Girthmasterr in the studio’s latest release, titled "Emma Wants to Meet the Masterr."

Lilly Bell Stars in New Sci-Fi Feature 'Prompt'

Reigning XMAs Girl/Girl Performer of the Year Lilly Bell stars in the new sci-fi feature “Prompt,” from Full Moon Features.

Miss Raquel Stars in Latest From MYLF

Miss Raquel stars with Nicky Rebel in the latest release from MYLF.

FSC 2026/2027 Board Members Announced

The Free Speech Coalition (FSC) has announced the results of its 2026/2027 Board of Directors election.

Angel Youngs, Jason Luv Lead Latest From Blacked

Angel Youngs and Jason Luv star in the latest scene from Vixen Media Group studio imprint Blacked.

Madison Ivy Stars in Latest From Ricky's Room

Madison Ivy stars with studio honcho Ricky Johnson in the latest release from Ricky's Room.

Briseida Myers Makes Her Immoral Debut

Briseida Myers has made her debut for Immoral Productions, alongside Charlie Dean, Matt Bird, and studio honcho “Porno Dan” Leal.

Sabien DeMonia Stars in New Threesome Scene From EnjoyX

2025 Euro XMAs MILF Performer of the Year Sabien DeMonia stars alongside Jesus Reyes and Little Maly in the latest scene from EnjoyX.

Show More