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

Tubes Booster Debuts New 'One-Click Update' Web Hosting Solution

Content management platform Tubes Booster has launched its new One-Click Update web hosting solution.

Ofcom Investigates Two Sites Over Possible AV Violations

U.K. media regulator Ofcom on Wednesday launched investigations into two adult sites as part of its age assurance enforcement program under the Online Safety Act (OSA).

Brazzers Launches Model Management Division 'Brazzers Creator'

Brazzers has launched its new full-service model management division, Brazzers Creator, offering content management services across multiple platforms.

FTC Promises 'Vigorous' TAKE IT DOWN Act Enforcement

The Federal Trade Commission is warning platforms that the agency will strongly enforce the notice-and-removal requirements of the TAKE IT DOWN Act, which go into effect next week on May 19.

STD Hero Joins Pineapple Support as Sponsor

Better Life Science brand STD Hero has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

2026 XBIZ Miami Speaker, Open-Floor Conversation Guide Lineup Announced

XBIZ is pleased to announce the release of the full speaker lineup for XBIZ Miami, the latest edition of the adult industry’s premier summer conference, set to take place May 11-14 at the Goodtime Hotel in Miami Beach.

2026 XBIZ Miami Conference Schedule Announced

XBIZ is pleased to announce the release of the full show schedule for XBIZ Miami, set to take place May 11-14 at the Goodtime Hotel in South Beach.

Court of International Trade Rejects Trump 'Replacement' Tariffs

The U.S. Court of International Trade on Thursday ruled that President Trump’s 10% global tariff under the Trade Act of 1974, imposed after the Supreme Court invalidated the administration’s broad “Liberation Day” tariff regime, is illegal — but stopped short of a nationwide injunction against the tariff.

UPDATED: Utah VPN Rule Enforcement Paused in Aylo Lawsuit

Provisions of a new Utah law making adult websites liable if minors in the state circumvent geolocation efforts to bypass age verification, which were set to come into force on Wednesday, have been put on hold until Sept. 3 in the case of Aylo, which filed suit in the matter.

JustFor.fans Launches 'JFF Create' iPhone App

JustFor.fans (JFF) has launched its new iPhone creator management app, JFF Create.

Show More