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

BranditScan Launches 'White Glove' Subscription Tier

BranditScan has launched its new White Glove subscription tier for creators.

German Court: Regulator Can't Block Entire IG Accounts, Only Posts

A German court has ruled that while a regional media regulatory agency may block specific Instagram posts that include material deemed harmful to minors, it cannot ban an entire Instagram account due to such a post.

Brazil Lays Out Preliminary Guidelines for New AV Requirements

President Luiz Inácio Lula da Silva on Wednesday signed a decree establishing guidelines for new regulations requiring adult websites to age-verify users located in Brazil.

Senate Committee Debates Section 230 Reform

The U.S. Senate Committee on Commerce, Science, and Transportation held a hearing Wednesday on potential changes to Section 230 of the Communications Decency Act, which protects interactive computer services — including adult platforms — from liability for user-generated content.

Pearl Industry Network Offers Free Creator Memberships

Industry trade group Pearl Industry Network (PiN) has launched its free creator membership initiative.

Sam Bird Acquires Fanblast

Sam Bird, former co-director of global talent agency Surge, has acquired creator monetization tool Fanblast and named himself CEO.

'SheHerGirls' Launches Through Paysite.com

The braintrust behind PoleVixens has officially launched a new membership site, SheHerGirls, also through Paysite.com.

FTC Invites Public Comment on 'Click to Cancel' Rulemaking

The Federal Trade Commission (FTC) announced this week that it is seeking public comment on whether it should amend its Negative Option Rule to better address deceptive or unfair practices.

Aylo Rebuts Indiana AV Suit Claims Over VPN Access

Aylo this week asked a Marion Superior Court judge to dismiss Indiana’s lawsuit alleging that the company violated the state’s age verification law by failing to prevent access by users who employ VPNs and similar means to avoid geolocation.

'PSMTickling' Launches Through Paysite.com

PSMTickling.com has officially launched through Paysite.com.

Show More