Legal Corner

Fosta challenge dismissedangry_smile
ginainthemorning See my TER Reviews 1127 reads
posted

Fosta challenge dismissed and it actually kind of implies that we can't be prosecuted for providing support to sex workers.

I think that they should have included the fact that DOJ had already said they thought it was unconstitutional but then they fought the challenge.
https://frontpageconfidential.com/fosta-sesta-frankenstein-passes-doj-unconstitutional/

Their argument also failed to cite that the federal government can't create prostitution laws, they can create trafficking laws, but fosta was clearly a federal pros law.

Hoke v. United States, 227 U.S. 308 (1913), was a decision by the United States Supreme Court, which held that the United States Congress could not regulate prostitution per se, as that was strictly the province of the states.

 

I also think they should have had current sex workers who are at risk of arrest as plaintiffs. I think they didn't do enough  to engage the sex workers who are at risk fo arrest, and they rushed writing the brief.

I hope they will consider reframing their argument and filing another challenge

 
https://www.techdirt.com/articles/20180925/03240240706/district-court-misses-forest-trees-dismissing-constitutional-challenge-to-fosta.shtml

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