Tuesday, September 25, 2018

Federal judge in Washington DC dismisses lawsuit challenging constitutionality of FOSTA on lack of standing

Electronic Frontier Foundation, in a news brief by Karen Gullo and David Green, reports that Judge Leon has dismissed the lawsuit by Woodhull and others to have FOSTA declared unconstitutional.

The judge feels that the plaintiffs do not face a credible threat of prosecution or frivolous litigation.  However, EFF argues that the law has a “chilling effect” and therefore presents First Amendment problems.

This is a developing story and more careful reading of his Opinion will follow.  He places a large emphasis on "mens rea" and the idea that a platform must intend to facilitate the breaking of a specific law against prostitution (or trafficking) in a specific circumstance. 
Woodhull doesn’t seem to have commented yet, but here is an important posting from June on SESTA.

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