Woodhull Files New Reply Brief Challenging FOSTA

Woodhull Files New Reply Brief Challenging FOSTA

WASHINGTON — Woodhull Freedom Foundation has filed a reply brief with the United States Court of Appeals for the District of Columbia Circuit, the latest action in the organization's four-year legal battle to have FOSTA-SESTA declared unconstitutional.

Woodhull, which advocates nationally for sexual freedom, is joined in the appeal by Human Rights Watch, the Internet Archive, Alex Andrews and Eric Koszyk.

The reply brief precedes oral arguments in the case, which are scheduled for Jan. 11, 2023.

As XBIZ reported, in March the U.S. District Court for the District of Columbia rejected a legal challenge to FOSTA-SESTA presented by Woodhull and partners, ruling that the U.S. government can continue enforcing the controversial legislation. The following month, Woodhull and the other plaintiffs filed an appeal.

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.

Walters told XBIZ in April that FOSTA’s Section 230 exemption “sets a dangerous precedent for government censorship of other types of disfavored speech.”

The brief outlines the appellants’ arguments that FOSTA is an “ex post facto” law and that the government abandoned its premise that FOSTA does not directly regulate speech, thus begging the question of whether FOSTA violates the First Amendment.

To support the First Amendment challenge, the lawyers argue that FOSTA is overbroad, that it is not susceptible to the government’s reconstruction, that the government’s reading of FOSTA is undermined by its own analysis of other statutes, that the law’s speech restrictions exceed its legitimate scope, that it is unconstitutionally vague, that it fails strict scrutiny and that its selective Section 230 carve-out violates the First Amendment.

‘Everyone in Adult Should Read This Brief’

Industry attorney and First Amendment expert Corey Silverstein, of Silverstein Legal, spoke to XBIZ today about the filing.

“The simple truth is that as much as the government wants to continue its victory parade over the enactment of FOSTA, the law itself has accomplished nothing except trample on free speech and even hurt its own law enforcement capabilities,” Silverstein noted. “Many of the online services that have shuttered as a result of this unconstitutional law provided much-needed safety for sex workers, and moreover these same online service providers regularly cooperated with law enforcement to assist in combating actual criminals.”

Instead, he added, all that FOSTA has accomplished has been “to further the government’s ability to restrict free speech and push many sex workers into dangerous situations because the platforms, that in many ways protected them, can no longer exist without the fear of prosecution.”

Silverstein commended the appellants’ counsel for doing “a terrific job articulating why FOSTA is unconstitutional and why the Court of Appeals must act accordingly.”

“In this reply brief, a clear picture is painted as to why the government’s position is both incorrect and the government is tripping over its own feet now that they have been called out for their obviously deficient arguments. In fact, appellants’ counsel does an excellent job bringing attention to the Appellate Court of the government’s abandonment of one its original arguments raised in the District Court.”

Silverstein recommended that “regardless of what sector of the adult industry you operate in, everyone should be taking the time to read this reply brief. I for one am grateful for the courage and will of the plaintiffs in this matter and the tireless work of their counsel. I am confident that the Court of Appeals will see the errors made by the District Court.”

View Document

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

FSC: TAKE IT DOWN Act Provisions Take Effect May 19

The Free Speech Coalition has issued a reminder notice that the notice-and-removal requirements of the federal TAKE IT DOWN Act will go into effect on May 19.

Venus Berlin Joins ASACP as Media Sponsor

Venus Berlin has signed on as an in-kind media sponsor for the Association of Sites Advocating Child Protection (ASACP).

XBIZ Miami's Host Hotel Sold Out; Additional Hotel Added

Guest rooms at XBIZ Miami’s exclusive conference venue, Goodtime Hotel in South Beach, are now completely sold out.

Penthouse Wins Trademark Infringement Case Against Fraudulent Domain

The World Intellectual Property Organization (WIPO) has ruled in favor of Penthouse World Media in a case against a website using an infringing domain.

'Collective Corruption' Relaunches Through PAYSITE

Fetish and BDSM membership site Collective Corruption has relaunched through PAYSITE.

RocketGate Taps Joël Drapeau for Senior Account Executive Role

Payment processing company RocketGate has hired industry veteran Joël Drapeau as its new account executive for business development and client relations.

VR Reloaded: Inside the Next Era of Immersive Adult Entertainment

For years, virtual reality in adult entertainment hovered somewhere between “quirky novelty” and “exciting promise of things to come.” While the technology hinted at a radically different way to experience erotic media, early experiments often required bulky headsets, complicated downloads, and production techniques that weren’t yet quite up to the task.

Pineapple Support Names Ocean Hanx Brand Ambassador

Pineapple Support has named creator Ocean Hanx as its newest brand ambassador.

Meta Restores Playboy Germany Facebook Page After Court Order

The Facebook page of Playboy Germany, the German-language edition of the magazine, is now back online after a two-month suspension by Meta, following an order by the Düsseldorf Regional Court.

UPDATED: European Commission Unveils AV App, Addresses Hacks

The European Commission’s age verification app is now technically ready and will soon be available for EU citizens to use in order to prove their age when accessing online platforms, European Commission President Ursula von der Leyen announced Tuesday.

Show More