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

Proposed New Hampshire AV Bill Appears to Violate Constitution

A bill in the New Hampshire state legislature, aimed at requiring adult sites to age-verify users in that state, contains a provision that seemingly contradicts the Supremacy Clause in Article VI of the U.S. Constitution.

AEBN Publishes Report on Fetish Trends

AEBN has published a report on fetish categories from its straight and gay theaters.

Online Child Protection Hearing to Include Federal AV Bill

A House subcommittee will hold a hearing next week on a slate of bills aimed at protecting minors online, including the SCREEN Act, which would make site-based age verification of users seeking to access adult content federal law.

Industry Photographer, 'Payout' Founder Mike B Passes Away

Longtime industry photographer and publisher Michael Bartholomey, known widely as Mike B, passed away Saturday.

FSC Announces 2025 Board of Directors Election Nominees

The Free Speech Coalition (FSC) has announced the nominees for its 2025 Board of Directors election.

AdultHTML Launches Black Friday Web Design, Development Promo

AdultHTML has launched its annual Black Friday/Cyber Monday promo for web design and development, running through Dec. 5.

Canada Exempts Online Adult Content From 'CanCon' Quotas

The Canadian Radio-television and Telecommunications Commission (CRTC) has updated its broadcasting regulatory policies, exempting streaming adult content from “made in Canada” requirements that apply to other online material.

Creator Law Firm 'OnlyFirm' Launches

Entertainment attorney Alex Lonstein has officially launched OnlyFirm.com for creators.

German Court Puts Pornhub, YouPorn 'Network Ban' on Hold

The Administrative Court of Düsseldorf has temporarily blocked the State Media Authority of North Rhine-Westphalia (LfM) from forcing telecom providers to cut off access to Aylo-owned adult sites Pornhub and YouPorn.

FSC: NC Law Invalidating Model Contracts Takes Effect December 1

The Free Speech Coalition (FSC) has issued a notice that North Carolina's Prevent Exploitation of Women and Minors Act goes into effect on December 1.

Show More