Woodhull Files Challenge to FOSTA's Constitutionality

WASHINGTON—Woodhull Freedom Foundation has filed an appellate brief with the United States Court of Appeals for the District of Columbia Circuit challenging the constitutionality of the 2018 FOSTA legislation. The national advocacy organization for sexual rights was joined by Human Rights Watch, the Internet Archive, Alex Andrews and Eric Koszyk in mounting the appeal, which was filed Tuesday. “This appeal gives us a chance to directly challenge the constitutionality of the FOSTA in a court that has previously affirmed us,” said Ricci Joy Levy, president of Woodhull Freedom Foundation. “FOSTA is brutal, unconstiutional law that continues to destroy lives in its effort to silence sex workers. This is a long battle, but the stakes are enormous. We look forward to making our case before the DC Circuit.” The Fight Online Sex Trafficking Act (FOSTA) was passed by Congress and signed into law by President Donald Trump in 2018. The law created an exemption to Section 230 of the Communications Decency Act for both criminal and civil complaints involving the promotion or facilitation of prostitution. Many free speech and internet rights advocates and sex worker rights groups have protested the law, which has since resulted in apparent widespread censorship of sex-related speech. Woodhull filed a federal lawsuit and motion for preliminary injunction immediately upon the law’s passage, with the U.S. government initially contesting Woodhull’s standing to file the suit. But in 2020, the Court of Appeals affirmed Woodhull’s right to bring the challenge. “The DC Circuit’s de novo review will allow it to take a fresh look at the constitutional issues raised by FOSTA,” said Lawrence Walters, one of the attorneys representing Woodhull in the suit. “We have previously won in the DC Circuit and are confident in the strength of our appeal. FOSTA’s Section 230 exemption sets a dangerous precedent for government censorship of other types of disfavored speech.” Woodhull is represented by attorneys Bob Corn-Revere, of Davis Wright Tremaine; Lawrence G. Walters, Walters Law Group; Aaron Mackey, Corynne McSherry and David Greene Electronic Frontier Foundation; and Daphne Keller, Stanford Cyber Law Center.