Skip to main content

FOSTA Case Update: Court Dismisses Lawsuit Without Ruling on Whether the Statute is Unconstitutional

DEEPLINKS BLOG
September 25, 2018

FOSTA Case Update: Court Dismisses Lawsuit Without Ruling on Whether the Statute is Unconstitutional

A federal court considering a challenge to the Allow States and Victims to Fight Online Sex Trafficking Act of 2017, or FOSTA, dismissed the case on Monday.

EFF and partner law firms filed a lawsuit in June against the Justice Department on behalf of two human rights organizations, a digital library, an activist for sex workers, and a certified massage therapist to block enforcement of FOSTA.

Unfortunately, a federal court sided with the government and dismissed Woodhull Freedom Foundation et al. v. United States. The court did not reach the merits of any of the constitutional issues, but instead found that none of the plaintiffs had standing to challenge the law’s legality.

We’re disappointed and believe the decision is wrong. For example, the court failed to apply the standing principles that are usually applied in First Amendment cases in which the plaintiffs’ speech is chilled. The plaintiffs are considering their options for their next steps.

FOSTA was passed by Congress for the worthy purpose of fighting sex trafficking, but the poorly-written bill contains language that criminalizes the protected speech of those who advocate for and provide resources to adult, consensual sex workers. Worse yet, the bill actually hinders efforts to prosecute sex traffickers and aid victims.

The lawsuit argues that FOSTA forces community forums and speakers offline for fear of criminal charges and heavy civil liability, in violation of their constitutional rights. We asked the federal court to strike down the law, though the government argued that the plaintiffs were not likely to be subject to criminal or civil liability under the law.

Check our case page for this lawsuit for updates in the coming weeks.

For the full complaint in Woodhull v. United States:
https://www.eff.org/document/woodhull-freedom-foundation-et-al-v-united-states-complaint

Back to top

JavaScript license information