WASHINGTON — The plaintiffs in the Woodhull Freedom Foundation case challenging FOSTA/SESTA filed on Monday a motion asking the D.C. district court for a summary judgment declaring the legislation unconstitutional.
FOSTA, the Woodhull legal team argued, “is unconstitutionally vague and overbroad, is a content-based statute that cannot satisfy strict scrutiny, and lacks the necessary scienter [i.e., proof of intent] requirements to be constitutional, and it explicitly is meant to have retroactive reach in both its criminal and civil applications.
