Appeals Court Hears Arguments in FOSTA-SESTA Challenge

Appeals Court Hears Arguments in FOSTA-SESTA Challenge

WASHINGTON — A federal appeals panel of the United States Court of Appeals for the District of Columbia Circuit heard arguments yesterday in the Woodhull Freedom Foundation’s four-year legal battle to have FOSTA-SESTA declared unconstitutional.

Legal observers deemed the judges’ line of questioning as leaning toward the possibility of at least part of FOSTA-SESTA being struck down.

The District of Columbia Circuit Court of Appeals panel “expressed deep skepticism about the constitutionality of language in the anti-sex trafficking law that makes it a crime to operate a computer service with the intent to promote prostitution,” Politico reported.

According to the news site, two of the three judges, Patricia Millett and Harry Edwards, “seemed inclined” to rule that some aspects of FOSTA-SESTA violate the First Amendment by appearing to criminalize efforts to legalize prostitution.

Judges Millett and Edwards “repeatedly tangled with a Justice Department attorney defending the law, Joseph Busa.”

Judge Millett said that FOSTA-SESTA “appeared to ban operating or owning a computer service and advocating for legalizing prostitution at the same time,” Politico reported. “She said it was akin to banning library owners from pushing to decriminalize prostitution.”

As XBIZ reported, Woodhull, which advocates nationally for sexual freedom, is joined in 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.

Walters told XBIZ, “We were thankful for the opportunity to finally lay out our constitutional challenge to FOSTA before the D.C. Circuit. The arguments went much longer than the allotted time and the panel was very interested in the legal issues we raised.”

The appellants, Walters added, “look forward to the eventual ruling and hope for a successful outcome.”

Industry attorney Corey Silverstein told XBIZ that although it would be premature to assume victory, “from all accounts it appears that at least two of the three judges were obviously concerned that the plaintiffs are correct that the FOSTA does violate the First Amendment."

“Only time will tell but this is phenomenal news in this battle,” Silverstein noted.

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

Playhaus Network Launches Podcast Platform Through PAYSITE

Entertainment website The Playhaus Network is launching its new podcast platform through PAYSITE.

Sportsheets Wins Trademark Infringement Case Against Copycat Website

The World Intellectual Property Organization (WIPO) has ruled in favor of adult brand Sportsheets in a case against a copycat website using an infringing domain.

Kylie Rocket, Derek Kage Cap AEBN's Top Stars for 3rd Quarter of 2026

AEBN has revealed its most popular performers in straight and gay theaters for the third quarter of 2026.

JustFor.fans Launches Android Version of 'JFF Create' Mobile App

JustFor.fans (JFF) has rolled out an Android-compatible version of its creator management mobile app, JFF Create.

Kink.com Wins Trademark Infringement Case Against Copycat Website

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

On-Chain JAV Distribution Platform 'HandSome' Goes Live With Open Beta

Fukuoka tech firm Fidem has officially rolled out an open beta version of HandSome, a new Japanese Adult Video (JAV) content distribution platform built on blockchain technology.

Arcom Investigates MYM Over SREN Compliance

French media regulator Arcom is investigating creator platform MYM to determine whether the site may have violated age assurance rules and/or other requirements of France’s Security and Regulation of the Digital Space (SREN) law.

England, Wales to Enforce 'Extreme' Content Laws Starting Nov. 6

England and Wales will begin enforcing new laws criminalizing depictions of “non-fatal strangulation,” as well as sexual content in which adults portray underage characters, starting Nov. 6, the U.K. Ministry of Justice announced Friday.

Report: UK Film Classification Board to Monitor 'Extreme' Content Online

The U.K. government has tapped the British Board of Film Classification (BBFC) for a pilot program to monitor online pornography for illegal and “extreme” content, as it prepares to enforce new content restrictions, British media outlet Sky News is reporting.

New Federal Report Slams Debanking but Ignores Adult Industry

The Office of the Comptroller of the Currency (OCC) on Wednesday released a report on debanking activities at nine large national banks, but omitted any mention of the adult industry, despite previously identifying it as a sector facing banking discrimination.

Show More