Woodhull Files Appeal in FOSTA-SESTA Challenge Suit

Woodhull Files Appeal in FOSTA-SESTA Challenge Suit

WASHINGTON — The Woodhull Freedom Foundation has filed an appeal in its suit challenging the constitutionality of FOSTA-SESTA.

Woodhull is joined in mounting the appeal by Human Rights Watch, the Internet Archive, Alex Andrews and Eric Koszyk.

Woodhull is represented by Bob Corn-Revere of Davis Wright Tremaine; Lawrence G. Walters of Walters Law Group; Aaron Mackey, Corynne McSherry and David Greene of digital rights nonprofit Electronic Frontier Foundation; and Daphne Keller of the Stanford Cyber Law Center.

Last month, 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.

FOSTA-SESTA was passed by Congress with overwhelming bipartisan support and signed into law by Donald Trump four years ago. The Woodhull Freedom Foundation, the leading nonprofit advocating for sexual freedom as a fundamental human right, described the law in its appeal as “a controversial anti-trafficking law which devastated the sex worker community and damaged free speech more broadly.”

Woodhull’s Executive Director Ricci Joy Levy said the plaintiffs in the original suit “are in the fight for the long haul. In the hours after its passage, we saw the dramatic chilling effect FOSTA would have on legally protected speech, as platforms, forums and resources used by sex workers and others were taken offline. In the years since, through both the data and lived experiences, we’ve seen how FOSTA has endangered the lives of sex workers.”

“With this law, the government has encouraged censorship that is otherwise prohibited by the First Amendment,” Levy stated.

FOSTA-SESTA, Woodhull noted, “created an exemption to Section 230 of the Communications Decency Act for both criminal and civil complaints involving the promotion or facilitation of prostitution. Free speech and internet rights advocates and sex worker rights groups have all protested the law, which has since resulted in widespread censorship of sex-related speech.”

Walters explained that FOSTA’s Section 230 exemption “sets a dangerous precedent for government censorship of other types of disfavored speech. Given the constitutional issues in the case, we knew the trial court’s decision would ultimately be appealed to the DC Circuit, where we won in the last appeal.”

“This appeal will now go to the DC Circuit Court where we won in the first appeal,” he told XBIZ today. “In this kind of facial challenge to a statute, the appellate court will take a fresh look at the constitutionality of FOSTA, and we welcome the opportunity to present our case.”

The noted industry attorney sees the outcome of this legal challenge as extremely important, noting that “Congress may try to use the FOSTA legislative formula to force online platforms to censor other types of disfavored speech.”

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

AEBN Publishes Popular Searches by Country for December, January

AEBN has released the list of popular searches from its straight and gay theaters, by country, for December and January.

Jim Austin Joins CrakRevenue Team

Strategist Jim Austin has been hired by CrakRevenue.

Judge Dismisses NCOSE-Backed Suits Against Adult Sites Over Kansas AV Law

A federal judge on Tuesday dismissed lawsuits brought against two adult websites in Kansas for alleged violations of the state’s age verification law.

Aylo/SWOP Panel Spotlights Creators' Struggle for Digital, Financial Rights

Aylo and Sex Workers Outreach Project (SWOP) Behind Bars presented, on Tuesday, an online panel on creators’ rights, debanking and deplatforming.

AV Bulletin: Canada, Italy, Australia Updates

Since the Supreme Court’s decision in Free Speech Coalition v. Paxton, more state age verification laws have been enacted around the United States, as well as proposed at the federal level and in other countries. This roundup provides an update on the latest news and developments on the age verification front as it impacts the adult industry.

Holly Randall Soft Launches 'Wet Ink' Magazine

Holly Randall has officially soft-launched the creator-focused publication Wet Ink Magazine.

Virginia 'Porn Tax' Bill Delayed Until 2027

A Virginia House of Delegates subcommittee on Monday voted to postpone until next year consideration of a bill that would impose a 10% tax on the gross receipts of adult websites doing business in that state.

Virginia Becomes Latest State to Weigh 'Porn Tax'

The Virginia House of Delegates is considering a bill that would impose a 10% tax on the gross receipts of adult websites doing business in that state.

Elizabeth Skylar Launches Production Banner on VRPorn.com

Elizabeth Skylar has launched her own virtual reality production banner on VRPorn.com.

CrakRevenue Introduces 'Trend Explorer' Feature for Affiliates

CrakRevenue has debuted the new Trend Explorer feature for its affiliates.

Show More