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 © 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

Streamate Spotlights Savannah Sly as December 'Elevate' Community Partner

Streamate has selected New Moon Network founder and co-director Savannah Sly as its Elevate Community Partner for December.

LaBellaDX Launches New Site Through YourPaysitePartner

Content creator LaBellaDX has launched her new official website through YourPaysitePartner (YPP).

Clip Page Launches 'Creator Analytics' Feature

Custom content marketplace Clip Page has launched the Creator Analytics feature on its platform.

BBWXXXAdventures Relaunches Through Grooby's Blue.xxx

Paysite BBWXXXAdventures has relaunched under Grooby's new website management company Blue.xxx.

Flirt4Free Announces 'Tease the Season' Holiday Contest

Flirt4Free has announced its Tease the Season promo and model contest, which will run Dec. 21-25.The competition is led by the return of the Snowflake Contest, where models can be gifted digital snowflakes by their fans. The models who collect the most snowflakes by 11:59 a.m. on Christmas Day will win cash prizes.

SWR Data Publishes 2024 'Top Creator Platforms' Report

Adult industry market research firm SWR Data has published a report on the Top Creator Platforms of 2024.

MintStars Joins Pineapple Support as Supporter-Level Sponsor

Content platform MintStars has joined the ranks of over 60 adult businesses and organizations committing funds and resources to Pineapple Support.

Politicians Aim to Study Effects of FOSTA-SESTA on Sex Workers

In an encouraging sign for sex workers, California State Representative Ro Khanna and U.S. Senator Elizabeth Warren of Massachusetts have reintroduced the SAFE SEX Workers Study Act, which aims to study the effects of FOSTA-SESTA.

Pornhub to Shut Down Access in Florida Over Age Verification

Aylo will geoblock Pornhub across Florida starting Jan. 1, when HB 3, the state's age verification law, goes into effect.

AEBN Publishes Popular Searches by Country for October, November

AEBN has released the list of popular searches from its straight and gay theaters by country in October and November.

Show More