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[IP] EFF: Hearing Thursday—EFF Asks Court to Block Enforcement of FOSTA While Lawsuit Proceeds
Dave Farber
2018-07-18 01:06:34 UTC
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Subject: EFF: Hearing Thursday—EFF Asks Court to Block Enforcement of FOSTA While Lawsuit Proceeds
Date: July 18, 2018 at 9:05:54 AM GMT+9
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<https://www.eff.org/>
FOR IMMEDIATE RELEASE: TUESDAY, JULY 17, 2018
David Greene
Civil Liberties Director
+1 415-436-9333 x143
Aaron Mackey
Staff Attorney
+1 415-436-9333 x167
Hearing Thursday: EFF Asks Court to Block Enforcement of FOSTA While Lawsuit Proceeds
Law Is Causing Online Censorship and Removal of Protected Speech
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, a sex worker advocacy group, to organize and publicize its annual conference, held August 2-5.
FOSTA <https://www.eff.org/deeplinks/2018/03/how-congress-censored-internet>, 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 <https://blog.ericgoldman.org/archives/2017/08/how-section-230-helps-sex-trafficking-victims-and-sesta-would-hurt-them-guest-blog-post.htm> 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
https://www.eff.org/press/releases/hearing-thursday-eff-asks-court-block-enforcement-fosta-while-lawsuit-proceeds <https://www.eff.org/press/releases/hearing-thursday-eff-asks-court-block-enforcement-fosta-while-lawsuit-proceeds>
https://www.eff.org/cases/woodhull-freedom-foundation-et-al-v-united-states <https://www.eff.org/cases/woodhull-freedom-foundation-et-al-v-united-states>
https://www.eff.org/document/woodhull-freedom-foundation-et-al-v-united-states-motion-preliminary-injunction-and <https://www.eff.org/document/woodhull-freedom-foundation-et-al-v-united-states-motion-preliminary-injunction-and>
About EFF
The Electronic Frontier Foundation is the leading organization protecting civil liberties in the digital world. Founded in 1990, we defend free speech online, fight illegal surveillance, promote the rights of digital innovators, and work to ensure that the rights and freedoms we enjoy are enhanced, rather than eroded, as our use of technology grows. EFF is a member-supported organization. Find out more at https://eff.org <https://www.eff.org/>.
Electronic Frontier Foundation, 815 Eddy Street, San Francisco, CA 94109 USA.
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