Woodhull Files Appeal in FOSTA-SESTA Challenge Suit

Woodhull Files Appeal in FOSTA-SESTA Challenge Suit

WASHINGTON — The Woodhull Freedom Foundation has filed an appeal in its suit challenging the constitutionality of FOSTA-SESTA.

Woodhull is joined in mounting 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.

Last month, the U.S. District Court for the District of Columbia rejected a legal challenge to FOSTA-SESTA presented by First Amendment and free speech advocates, ruling that the U.S. government can continue enforcing the controversial legislation.

FOSTA-SESTA was passed by Congress with overwhelming bipartisan support and signed into law by Donald Trump four years ago. The Woodhull Freedom Foundation, the leading nonprofit advocating for sexual freedom as a fundamental human right, described the law in its appeal as “a controversial anti-trafficking law which devastated the sex worker community and damaged free speech more broadly.”

Woodhull’s Executive Director Ricci Joy Levy said the plaintiffs in the original suit “are in the fight for the long haul. In the hours after its passage, we saw the dramatic chilling effect FOSTA would have on legally protected speech, as platforms, forums and resources used by sex workers and others were taken offline. In the years since, through both the data and lived experiences, we’ve seen how FOSTA has endangered the lives of sex workers.”

“With this law, the government has encouraged censorship that is otherwise prohibited by the First Amendment,” Levy stated.

FOSTA-SESTA, Woodhull noted, “created an exemption to Section 230 of the Communications Decency Act for both criminal and civil complaints involving the promotion or facilitation of prostitution. Free speech and internet rights advocates and sex worker rights groups have all protested the law, which has since resulted in widespread censorship of sex-related speech.”

Walters explained that FOSTA’s Section 230 exemption “sets a dangerous precedent for government censorship of other types of disfavored speech. Given the constitutional issues in the case, we knew the trial court’s decision would ultimately be appealed to the DC Circuit, where we won in the last appeal.”

“This appeal will now go to the DC Circuit Court where we won in the first appeal,” he told XBIZ today. “In this kind of facial challenge to a statute, the appellate court will take a fresh look at the constitutionality of FOSTA, and we welcome the opportunity to present our case.”

The noted industry attorney sees the outcome of this legal challenge as extremely important, noting that “Congress may try to use the FOSTA legislative formula to force online platforms to censor other types of disfavored speech.”

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

JuicyAds Marks 20-Year Anniversary

JuicyAds is celebrating its 20th anniversary.

AEBN Publishes Popular Searches for January, February

AEBN has published the top search terms for January and February from its straight and gay theaters in all 50 states and the District of Columbia.

2026 TEAs Shine Bright in Celebration and Solidarity

The industry’s trans adult performers, creators and creatives came together Sunday night at the historic Avalon nightclub in Hollywood for an evening of well-deserved celebration: the 2026 Trans Erotica Awards.

Kansas Plaintiff Drops Chaturbate AV Suit, Revamps SuperPorn Complaint

The plaintiff in a lawsuit alleging that cam platform Chaturbate violated Kansas’ age verification law has voluntarily dismissed that action, while retooling a similar complaint against adult site SuperPorn.

New Creator Networking Platform 'CollabGPS' Launches

CollabGPS, a new creator networking platform designed to facilitate safe collaboration, has officially launched.

Chaturbate Launches Year-Long 15th Anniversary Campaign

Chaturbate has launched "CB15," a year-long campaign to celebrate the company's 15th anniversary.

AV Bulletin: Loopholes and Lawsuits

This roundup provides an update on the latest news and developments on the age verification front as it impacts the adult industry.

Utah 'Porn Tax' Bill Will Head to Governor's Desk

A bill that would tax adult websites and make them liable if minors circumvent geolocation has passed the Utah state legislature and will soon head to the office of Gov. Spencer Cox for signature or veto.

Flirt4Free Co-Founder Gregory Clayman Passes Away

Gregory Clayman, a pioneering figure in the live cam sector and cofounder of the long-running webcam platform Flirt4Free, has passed away.

Pornhub to Restrict Access in Australia as AV Rules Take Effect

Pornhub parent company Aylo will restrict access to its free video-sharing platforms in Australia in response to new age verification regulations, the company confirmed Thursday.

Show More