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Hearing Thursday: EFF Asks Court to Block Enforcement of FOSTA While Lawsuit Proceeds

Law Is Causing Online Censorship and Removal of Protected Speech
PRESS RELEASE
July 17, 2018

Hearing Thursday: EFF Asks Court to Block Enforcement of FOSTA While Lawsuit Proceeds

Washington, D.C.—On Thursday, July 19, at 4 pm, the Electronic Frontier Foundation (EFF) will urge a federal judge to put enforcement of FOSTA on hold during the pendency of its lawsuit challenging the constitutionality of the federal law. The hold is needed, in part, to allow plaintiff Woodhull Freedom Foundation to organize and publicize its annual conference, held August 2-5.

FOSTA, or the Allow States and Victims to Fight Online Sex Trafficking Act, was passed by Congress in March. But despite its name, FOSTA attacks online speakers who speak favorably about sex work by imposing harsh penalties for any website that might be seen as “facilitating” prostitution or “contribute to sex trafficking.” In Woodhull Freedom Foundation v. U.S., filed on behalf of two human rights organizations, a digital library, an activist for sex workers, and a certified massage therapist, EFF maintains the law is unconstitutional because it muzzles constitutionally protected speech that protects and advocates for sex workers and forces speakers and platforms to censor themselves.

Enforcement of the law should be suspended because the plaintiffs are likely to win the case and because it has caused, and will continue to cause, irreparable harm to the plaintiffs, EFF co-counsel Bob Corn-Revere of Davis Wright Tremaine will tell the court at a hearing this week on the plaintiffs' request for a preliminary injunction. Because of the risk of criminal penalties, the plaintiffs have had their ads removed from Craigslist and censored information on their websites. Plaintiff Woodhull Freedom Foundation has censored publication of information that could assist sex workers negatively impacted by the law. FOSTA threatens Woodhull’s ability to engage in protected online speech, including livestreaming and live tweeting its August meeting, unless FOSTA is put on hold.

What: Hearing on plaintiffs' motion for preliminary injunction in Woodhull Freedom Foundation v. U.S.

When: Thursday, July 19, 4 pm

Where: U.S. District Court for the District of Columbia
Courtroom 18, 6th Floor
333 Constitution Avenue N.W.
Washington D.C. 20001

For more on this case:
https://www.eff.org/cases/woodhull-freedom-foundation-et-al-v-united-states

For the motion for preliminary injunction:
https://www.eff.org/document/woodhull-freedom-foundation-et-al-v-united-states-motion-preliminary-injunction-and

 

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