Federal Court Hears Woodhull's Appeal Challenging FOSTA

Federal Court Hears Woodhull's Appeal Challenging FOSTA

WASHINGTON — A group led by prestigious free speech and sexual expression organizations suing the U.S. government to block enforcement of the Fight Online Sex Trafficking Act (FOSTA) appeared this morning at the United States Court of Appeals for the District of Columbia Circuit to ask for a reversal of a district court judge’s decision to dismiss their case.

Woodhull Freedom Foundation, the Internet Archive, Human Rights Watch and individuals Alex Andrews and Eric Koszyk are the plaintiffs, or "appellants," questioning the constitutional status of the controversial FOSTA legislation.

The legislation, also known as SESTA-FOSTA, was drafted by religiously motivated Midwestern Republicans and sold to Democratic members of Congress — most famously by SWEL (Sex Worker Exclusionary Liberal) Senator Kamala Harris — as an anti-human trafficking measure.

In fact, since Donald Trump signed it into law in April 2018, FOSTA has had null-to-negative effect in the fight against actual human trafficking in the U.S. It has largely been used by law enforcement to target defunct online classifieds platform Backpage.com, mom-and-pop massage parlors and now, reportedly, Europe-based webmasters of sites where escorts ply their trade.

According to Woodhull Freedom Foundation, FOSTA “expansively criminalizes online speech related to sex work and removes important protections for online intermediaries.”

Lawyers for the appellants argued that FOSTA "broadly changes the ecosystem of internet intermediary liability and prohibits speech unrelated to trafficking" and that they have the standing to challenge FOSTA, despite one of the objections, centered on legal standing, often raised by the government to disqualify critics of overreaching legislation in court, also used in the ongoing "2257" trial.

Attorney Larry Walters stressed to XBIZ that Woodhull and the other appellants were "encouraged by the panel’s insightful questions during Oral Argument, and remain optimistic for a positive result in this appeal."

"Woodhull is committed to fighting FOSTA to the end," Walters added.

“As the only national human rights organization working full-time to affirm and protect sexual freedom as a fundamental human right,” said President/CEO of Woodhull Freedom Foundation Ricci Levy, “we are deeply concerned about the effect of FOSTA on sexual expression and speech. Already, FOSTA has inhibited sexual freedom by forcing websites to shut down, moderate content and censor users. Let’s be clear: sex workers are being harmed, but all of us will feel the reverberation of this legislation.

“This case is about the future of online censorship and sexual expression in this country.”

For more of XBIZ's coverage of the fight against FOSTA, click here.

Woodhull et al. vs. U.S.A. Apellants' Reply Brief (Sept. 2019)

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

'SheHerGirls' Launches Through Paysite.com

The braintrust behind PoleVixens has officially launched a new membership site, SheHerGirls, also through Paysite.com.

FTC Invites Public Comment on 'Click to Cancel' Rulemaking

The Federal Trade Commission (FTC) announced this week that it is seeking public comment on whether it should amend its Negative Option Rule to better address deceptive or unfair practices.

'PSMTickling' Launches Through Paysite.com

PSMTickling.com has officially launched through Paysite.com.

JuicyAds Marks 20-Year Anniversary

JuicyAds is celebrating its 20th anniversary.

AEBN Publishes Popular Searches for January, February

AEBN has published the top search terms for January and February from its straight and gay theaters in all 50 states and the District of Columbia.

2026 TEAs Shine Bright in Celebration and Solidarity

The industry’s trans adult performers, creators and creatives came together Sunday night at the historic Avalon nightclub in Hollywood for an evening of well-deserved celebration: the 2026 Trans Erotica Awards.

Kansas Plaintiff Drops Chaturbate AV Suit, Revamps SuperPorn Complaint

The plaintiff in a lawsuit alleging that cam platform Chaturbate violated Kansas’ age verification law has voluntarily dismissed that action, while retooling a similar complaint against adult site SuperPorn.

New Creator Networking Platform 'CollabGPS' Launches

CollabGPS, a new creator networking platform designed to facilitate safe collaboration, has officially launched.

Chaturbate Launches Yearlong 15th Anniversary Campaign

Chaturbate has launched a yearlong campaign to celebrate its 15th anniversary, titled “CB15.”

Show More