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Free Expression

CDT Amicus Brief in Woodhull v US

CDT filed an amicus brief in Woodhull v. US, the case that brings a constitutional challenge to the controversial Allowing States and Victims to Fight Online Sex Trafficking Act (FOSTA). FOSTA, signed into law in April 2018, made significant changes to federal criminal law and amended Section 230, the law that shields online intermediaries from liability for user-generated content. These changes jeopardize constitutionally protected speech about sex and sexuality and greatly increase the risk of censorship of lawful speech by online intermediaries. As CDT and many others had warned, a number of forums and websites hosting lawful speech have already shut themselves down in response to the law, fearing the increased risk of litigation that FOSTA creates.