FOSTA Appeal Moves Forward With Woodhull's Statement (XBIZ)

Read the full article by Rhett Pardon at XBIZ.com

WASHINGTON — The Woodhull Freedom Foundation and other plaintiffs have filed initial papers with the U.S. Court of Appeals for the District of Columbia Circuit in their bid to block enforcement of FOSTA.

Woodhull and the other plaintiffs contend 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 have even shut down.

Woodhull and others are appealing to a three-judge panel on the D.C. Circuit 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 tossed the lawsuit because he ruled that the plaintiffs lacked standing in the case; he never reached the constitutional issues involving FOSTA.

On Friday, 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 statement on the issues to be raised by Woodhull and other appellants is the first significant legal move in the appeal. The Justice Department’s motion to dispose claims is due by Monday, Nov. 26