FOSTA Plaintiffs File Supplemental Pleadings in Bid to Seek Injunction

FOSTA Plaintiffs File Supplemental Pleadings in Bid to Seek Injunction

WASHINGTON — Lawyers representing the Woodhull Freedom Foundation and other plaintiffs filed court papers today to support their motion for preliminary injunction against FOSTA.

Woodhull — along with the Human Rights Watch, the Internet Archive and two individuals, Alex Andrews and Eric Koszyk — filed a lawsuit against the federal government focusing on First and Fifth Amendments violations that come with the statute amending Section 230 of the Communications Decency Act. Section 230 provided companies immunity from most liability for publishing third-party content.

FOSTA, known formally as the Allow States and Victims to Fight Online Sex Trafficking Act, brings new tools for law enforcement, including the ability to bring criminal charges against the operators of sites that facilitate prostitution, as well as for private lawsuits.

Since initiating the suit seeking the law's reversal, Woodhull and other plaintiffs have said that FOSTA chills sexual speech and harms sex workers.

In a supplemental brief filed today in support of an injunction, Woodhull said that FOSTA can be interpreted to reach plaintiffs’ activities, and that the plaintiffs face a credible threat of prosecution, and that they are likely to be adversely affected by the law. 

“This court should hold that plaintiffs have standing and issue the requested preliminary injunctive relief,” said plaintiffs’ counsel, which include attorneys Bob Corn-Revere, Ronald London, Daphne Keller and Lawrence Walters, along with counsel from the Electronic Frontier Foundation.

“The government fundamentally misapplies the First Amendment in this case because it misapprehends how FOSTA regulates speech,” plaintiffs counsel wrote in the motion. “Contrary to the government’s mistaken assumption, the only activity of an interactive computer service is communication, and FOSTA’s amendments to Section 230 provide that the operator of such a service shall be treated as the publisher or speaker of … information provided by another on topics specified by the law." 

Plaintiffs attorneys said the misunderstanding undermines the government’s overall defense of FOSTA, “including its analyses of whether the law reaches plaintiffs’ activities, whether there is a realistic threat of prosecution or civil liability and how those risks affect the plaintiffs.”

“If FOSTA had been enacted pre-internet and imposed penalties on anyone who owns, manages, or operates a printing press or conspires or attempts to do so, with the intent to promote or facilitate the prostitution of another person, no one would doubt it was a regulation of the press and subject to strict First Amendment limits. 

“The same standard applies to operation of an interactive computer service, as the case law uniformly holds.”  

U.S. District Judge Richard Leon in Washington already has heard oral arguments over the plaintiffs’ request for injunctive relief.

In the proceedings on July 19 at U.S. District Court for the District of Columbia, the plaintiffs’ motion was heard and taken under advisement.

Leon said that he would allow supplemental pleadings within 10 days of receipt of transcript. Today, plaintiffs filed their additional pleadings.

Leon, however, did not disclose when he would rule on the motion for preliminary injunction.

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

Tiffani Time Makes Her WIFEY Debut

Newly crowned XMA Creator Awards Rising Clip Creator Tiffani Time stars with her husband Benfit and Jax Slayher in the latest release from Vixen Media Group studio imprint WIFEY.

Karmen Karma Stars in Latest From Ricky's Room

Karmen Karma stars in the latest release from Ricky's Room, titled "A Long Time Cumming."

FSC Publishes Analysis of Federal Trade Commission Event Promoting AV

Free Speech Coalition (FSC) has published an analysis of a Federal Trade Commission (FTC) event held this week that promoted age verification among other forms of speech regulation.

Cubbi Thompson Makes Her Jules Jordan Debut

Cubbi Thompson has made her Jules Jordan debut alongside Lexington Steele in the studio's latest release.

Seth Gamble Drops Trailer for Upcoming Feature 'Once Upon a Time in the Valley'

Multi-XMAs winner Seth Gamble has released the trailer for his upcoming Wicked Pictures feature, "Once Upon a Time in the Valley."

Ryan Reid Stars in Latest From Brazzers

Ryan Reid stars with Damon Dice in “A Day in the Life,” from Brazzers.

Andylynn Payne Toplines Joey Silvera's 'Trans-Active 30'

Andylynn Payne headlines director Joey Silvera’s “Trans-Active 30” from Evil Angel.

Violet Myers, Megan Faith Star in Latest From Slayed

Reigning XMAs Premium Social Creator of the Year Violet Myers stars with Megan Faith in the latest release from Vixen Media Group studio imprint Slayed.

Coco Bae Returns to Brazzers

Coco Bae stars with Danny D. in the latest release from Brazzers, titled “The Cock Collector.”

GirlsDoPorn Owner Michael Pratt Pleads Guilty to Sex Trafficking

Michael Pratt, former owner of the rogue website GirlsDoPorn, pleaded guilty in the U.S. District Court for the Southern District of California on Thursday to sex trafficking and conspiracy to commit sex trafficking charges, according to a report by City News Service.

Show More