Washington, D.C.— September 2, 2020 – On 8/31/20, the Woodhull Freedom Foundation along with the other plaintiffs in the Woodhull Freedom Foundation, et. al v. Barr case filed a Motion for Summary Judgment seeking to declare FOSTA unconstitutional and stop its enforcement.
The Plaintiffs argue that FOSTA is over broad, vague, and a content-based restriction on speech which violates the First and Fifth Amendments. The motion also attacks the retroactive provisions of FOSTA as being an unconstitutional ex post facto law since they criminalize activities that occurred before the law was passed.
The case was originally dismissed by the district court on standing grounds but that decision was reversed by the D.C. Circuit Court in January, 2020. The action was sent back to the district court to consider whether FOSTA is unconstitutional. No hearing date has yet been set on the motion.
Woodhull is represented by Lawrence G. Walters of Walters Law Group, along with Bob Corn-Revere and Ronald London of Davis Wright Tremaine, Daphne Keller of the Stanford Cyber Policy Center, and attorneys with the Electronic Frontier Foundation.
All court filings can be found here.