FOSTA Plaintiffs Ask Court for More Time to File Appellate Briefs

FOSTA Plaintiffs Ask Court for More Time to File Appellate Briefs

WASHINGTON — The Woodhull Freedom Foundation and other plaintiffs have asked a federal appeals court for more time to file briefs in its bid to block enforcement of FOSTA.

The request, which is unopposed by the Justice Department but hasn’t yet been approved by the court, would extend the submission of Woodhull’s opening briefs by at least a month, moving the deadline into mid-February.

Woodhull was originally scheduled to deliver its opening brief by Jan. 14.

If approved by the court, Woodhull would produce its opening brief by Feb. 13, and Justice Department attorneys would respond by March 15.

Woodhull attorneys said additional time is requested because of previous winter holiday commitments, as well as a number of briefs scheduled previously in other legal cases.

In the case, Woodhull contends the law amending Section 230 of the Communications Decency Act, which previously provided companies immunity from most liability for publishing third-party content, violates the First and Fifth Amendments.

Since FOSTA was passed in the U.S. Senate and signed into law by President Trump numerous adult websites have been affected by the measure's intention to outlaw prostitution advertising. Some adult sites, like CityVibe.com and Nightshift.co, have even closed shop.

Scores of mainstream sites also have laid down the gavel. Craigslist cut all of its popular personal ads. Meanwhile, Facebook in October changed its community standards policies for sexual solicitation and nudity. And Tumblr recently announced that it would ban porn on its site; that ban starts Monday.

With the appeal, Woodhull is asking a three-judge panel on the D.C. Circuit to toss a decision by U.S. District Judge Richard Leon’s order that granted the U.S. government’s motion to dismiss their lawsuit over the enforcement of FOSTA.

Leon shot down the lawsuit because he ruled that the plaintiffs lacked standing in the case; he never reached the constitutional issues involving FOSTA.

Last month Woodhull and others offered a statement of issues to be raised, as well as other court papers that get the appeal off the ground.

The appellants raised numerous points in their appeal, including whether the court erred by ruling the plaintiffs lacked standing to challenge FOSTA’s constitutionality and whether the act is overbroad and enacts unconstitutionally vague restrictions.

Along with Woodhull, other plaintiffs include Human Rights Watch, Eric Koszyk, Alex Andrews and the Internet Archive.

Attorneys representing Woodhull include Lawrence Walters of Walters Law Group, Robert Corn-Revere and Ronald London of Davis Wright Tremaine, Aaron Mackey and David Greene of the Electronic Freedom Foundation and Daphne Keller.

Copyright © 2024 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

Pineapple Support Taps Natassia Dreams, Josy Black as Brand Ambassador

Pineapple Support has named content creators Natassia Dreams and Josy Black as its newest brand ambassadors.

Sage Hunter Stars in Latest From New Sensations

Sage Hunter stars with Lucky Fate in the latest release from New Sensations, directed by Paul Woodcrest.

Florida AG Asks for Halt of AV Lawsuit Pending SCOTUS Decision

Florida Attorney General Ashley Moody has filed a motion asking a federal court to halt the Free Speech Coalition (FSC) lawsuit challenging HB 3, the state's age verification law, pending the Supreme Court's ruling in the Free Speech Coalition-led challenge to Texas’ age verification law, HB 1181.

Anna Claire Clouds Stars in Latest From New Sensations

Anna Claire Clouds stars with GI Joey in the latest release from New Sensations.

Bree Mills Makes Her Wicked Directorial Debut

Gamma Film Group/Adult Time CCO Bree Mills has made her Wicked Pictures directorial debut with the studio's latest feature, titled "Breadcrumbs."

VRPorn.com Launches 'Virtual Reality Porn' Meme Coin

VRPorn.com has launched a new cryptocurrency meme coin on its platform.

Girlsway Premieres Kimmy Kimm Orgy Featurette 'Finally'

Girlsway has debuted its latest release, "Finally! ... An All-Girl Asian Orgy Extravaganza," written and directed by Kimmy Kimm.

Angie Rowntree's Sssh.com Celebrates 25 Years of Pioneering Erotica

Reflecting on her career in adult, filmmaker Angie Rowntree recalls when, over 25 years ago at the adult internet trade show IA2000, a producer warned her there was no market for “porn for women.”

Eva Generosi Stars in New Release From Private

Eva Generosi stars with Angie Lynx and Leo Santos in the latest threesome from Private, directed by Xavi Rocka.

Ricky's Room Drops Christmas Orgy

Ricky’s Room has dropped “An Unwrapped Holiday Orgy” parts one and two.

Show More