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

2027 XMA 'Fan Favorite' Pre-Nominations Period Now Open

XMA event organizers have announced that the pre-nomination period for Fan Favorite categories for the January 2027 ceremony is now open.

California Legislature Passes Stricter UGC Rules for Adult Sites

A bill to impose tighter compliance standards for user-generated content (UGC) on adult websites has been approved by the California state legislature and now awaits the governor’s signature.

CollabGPS Rolls Out 'Verification Badge' Update

CollabGPS has launched a badge system for user verification.

X3 Amsterdam Imports Hollywood Glitz With Continental Style

A throng of fans from across Europe and around the globe descended on the Passenger Terminal building on Friday, eager to meet their favorite adult stars at the inaugural X3 Amsterdam fan expo.

California, Florida Reps File Latest Bill to Repeal Section 230

Two members of Congress on Thursday introduced new legislation to repeal Section 230 of the Communications Decency Act, which protects interactive computer services — including adult platforms — from liability for user-generated content.

Admaze Introduces Flat-Rate Media Buying for Publishers, Advertisers

Adult ad network and agency Admaze has introduced a flat-rate media buying model for publishers and advertisers.

Centro Launches Lifetime Revenue Share Affiliate Program 'CentroPulse'

Centro has launched CentroPulse, its new lifetime revenue share affiliate program for performance marketers, adult traffic affiliates, established webmasters, and sub-affiliate network operators.

Fanstage Launches Telegram Sales Solution

Fanstage has launched its new platform, allowing creators to sell PPV content directly from their Telegram DMs.

Second Bill Proposed to Shield US Sites From 'Foreign Censorship'

For the second time in recent weeks, a Republican congressman has introduced legislation to bar U.S. courts from helping to enforce foreign laws restricting speech that would domestically be protected under the First Amendment, potentially including foreign age verification laws.

SextPanther Launches in EU, UK

SextPanther has expanded its territory to include the U.K. and E.U.

Show More