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 © 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

Aylo Wins Preliminary Injunction Against Utah AV Law's VPN Rule

A federal court on Thursday issued a preliminary injunction preventing the state of Utah from enforcing a legal provision that would make adult websites liable if minors in the state circumvent geolocation efforts in order to bypass age verification.

Ofcom Investigates Pornhub's Device-Based UK Age Checks

U.K. media regulator Ofcom has opened an investigation to determine whether Pornhub parent company Aylo’s use of device-based age verification complies with the U.K.’s Online Safety Act.

'Studio Vanniall' Launches Through PAYSITE

Vanniall's official website StudioVanniall.com has launched through PAYSITE.

France Weighs Ban on Purchase of 'Remote' Sexual Services

The French National Assembly is considering a proposal to criminalize the purchase, and/or facilitation by online platforms, of sexual services performed remotely by streamers and custom content creators.

YourVids Launches Customizable Subscription Feature for Creators

YourVids has rolled out YourFans, a service that allows creators to design customizable subscription tiers, from which they receive 100% of the revenue.

Jennifer White Launches Official Site, Debuts 1st Release

Reigning XMAs Female Performer of the Year Jennifer White has launched her new website, JenniferWhite.com, and announced the upcoming release of the first feature-length title from her new production company.

Adult Game Fest Announces Nominees for Inaugural Awards Show

Organizers of the inaugural Adult Game Fest virtual trade show have announced the nominees for their inaugural awards ceremony, taking place Saturday, Sept. 26, at 5 p.m. (PDT).

Byborg Enterprises Joins Pineapple Support as Sponsor

Byborg Enterprises has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

XBIZ 2027 Hotel Room Booking Now Open

Hotel booking is now open for XBIZ 2027, giving attendees the opportunity to secure their stay at the host venue, JW Marriott L.A. Live.

FSC Case Against Tennessee AV Law Can Go Forward, Court Rules

A U.S. district court on Tuesday denied the Tennessee attorney general’s motion to dismiss a Free Speech Coalition lawsuit challenging the Protect Tennessee Minors Act.

Show More