DC Court Upholds FOSTA-SESTA, Rejects Free-Speech Challenge

DC Court Upholds FOSTA-SESTA, Rejects Free-Speech Challenge

WASHINGTON — The U.S. District Court for the District of Columbia rejected a legal challenge to FOSTA-SESTA presented by First Amendment and free speech advocates, ruling that the U.S. government can continue enforcing the controversial legislation.

The court found on Tuesday that FOSTA-SESTA “is neither overly broad nor unduly vague,” Bloomberg Law reported today.

As XBIZ reported, Woodhull Freedom Foundation, Human Rights Watch, Internet Archive and two webmasters sued the U.S. government to challenge the much-criticized carve-out of Section 230, allegedly passed to "help fight human trafficking." The plaintiffs are represented by Davis Wright Tremaine LLP, Electronic Frontier Foundation and Walters Law Group.

FOSTA-SESTA was drafted by religiously-motivated Midwestern Republicans and sold to Democratic members of Congress — most famously now-VP Kamala Harris — as "an anti-human trafficking measure." However, 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. In June 2021, confirming what the vast majority of sex workers and advocates had warned about in 2017 and 2018, the FBI told the Government Accountability Office that its “ability to identify and locate sex trafficking victims and perpetrators was significantly decreased following the takedown of Backpage.com.”

FOSTA-SESTA, the court ruled Tuesday, “doesn’t violate the First Amendment because it doesn’t discriminate against speech based on its content or viewpoint,” Bloomberg Law reported. “And the law gives sufficient notice of the type of conduct it prohibits to survive a Fifth Amendment void-for-vagueness challenge.”

In the opinion of Judge Richard J. Leon, FOSTA “is narrowly tailored to encompass only legitimate criminal activity, not a substantial portion of protected speech, and gives adequate notice of what conduct it prohibits.”

“The plaintiffs are aware of the decision,” Walters Law Group’s Larry Walters told XBIZ. “While we are naturally disappointed with the ruling, we are committed to appealing the dismissal and continuing the constitutional challenge to FOSTA-SESTA.”

The case is Woodhull Freedom Found. v. United States, D.D.C., No. 18-cv-1552.

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

Missouri AG Announces Age Verification Rule to Take Effect Nov. 30

Newly appointed Missouri Attorney General Catherine Hanaway announced Friday that the state's recently approved age verification regulation for adult websites will go into effect on Nov. 30.

Aylo, Woodhull Freedom Foundation to Host 'Online Censorship' Event

Aylo and Woodhull Freedom Foundation will co-host a virtual panel addressing online censorship on Sept. 30.

Severe Sex Films Relaunches Site Through YourPaysitePartner

Severe Sex Films has relaunched its official website through YourPaysitePartner (YPP).

Judge Awards Plaintiffs Over $400K in Attorneys Fees in Derek Hay Civil Case

California Superior Court Judge Gail Killefer has awarded former clients of LA Direct Models over $400,000 in attorneys fees and court costs, to be paid by agency founder Derek Hay.

ChickPass Rebrands as 'ChickPass Cinematic Universe'

ChickPass has announced that it has rebranded its network of sites as ChickPass Cinematic Universe.

Brazilian Adult Industry Association ABIPEA Launches

Brazilian Association of the Adult Entertainment Industry and Professionals (ABIPEA) has officially launched its organization.

New Adult Social Media Platform 'Havven' Opens Beta Phase

Havven, a new adult social media platform, has opened its beta phase and will officially launch Oct. 5.

Former Backpage CEO Carl Ferrer Sentenced to 3 Years Probation, $40,000 Fine

Former Backpage.com CEO Carl Ferrer was sentenced in federal court today to three years' probation and a $40,000 restitution fine for a conspiracy conviction related to money laundering through the defunct website.

Pineapple Support to Launch 'Wellbeing by PS' Initiative

Pineapple Support has announced its Wellbeing by PS initiative, naming new team member Amber Madden to head the project.

Playboy Wins $81 Million Judgment in Chinese Licensing Arbitration

Playboy Inc. was awarded $81 million in damages on Monday by the Hong Kong International Arbitration Centre, in a licensing dispute with former partner New Handong Investment (Guangdong) Co. Ltd.

Show More