Woodhull Freedom Foundation filing suit against FOSTA

WASHINGTON — The Woodhull Freedom Foundation announced Thursday that it was filing a lawsuit in federal court challenging the constitutionality of the Allow States and Victims to Fight Online Sex Trafficking Act of 2017 (“FOSTA”), under the First and Fifth Amendments of the United States Constitution.

Woodhull filed the suit in the U.S. District Court for the District of Columbia along with Human Rights Watch, The Internet Archive, and two individuals.

Woodhull’s President and CEO, Ricci Levy, said in a press release, “FOSTA chills sexual speech and harms sex workers. It makes it harder for people to take care of and protect themselves, and, as an organization working to protect people’s fundamental human rights, Woodhull is deeply concerned about the damaging impact that this law will have on all people.”

FOSTA represents the most broadly-based censorship of Internet speech since the Communications Decency Act of 1996, effectively driving large swaths of constitutionally-protected speech off the Internet, according to Woodhull. Even the Department of Justice warned Congress about the overreaching provisions of the law before it was passed. Specifically, FOSTA:

  • creates new criminal and civil liability for website operators who host third-party content that “promotes or facilitates prostitution of another person,”
  • expands criminal and civil liability such that any speaker online who allegedly “promotes” or “facilitates” sex trafficking can be treated as though they are participating in “a venture” with those who are directly engaged in trafficking,
  • removes protections for websites whose users’ speech might be seen as in violation of the law,
  • applies to speech that occurred even before FOSTA was enacted.

Woodhull, along with the other plaintiffs, are represented by Bob Corn-Revere and Ronald London, of Davis Wright TremaineElectronic Frontier FoundationDaphne Keller, and Lawrence G. Walters, of Walters Law Group.