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When advocates use the term “sex workers,” they’re referring to people who choose to participate in a range of sex-based work, including prostitutes, escorts, strippers, pornography actors, dominatrixes, erotic massage therapists, phone sex operators and nude webcam models, among other jobs. Without limits on liability for hosting user speech, such intermediaries are likely to react by significantly limiting what their users can say‚ including a potentially wide range of lawful speech, from discussions on dating forums about consensual adult sex, to resources for promoting safety among sex workers. MeToo and that they’re uniquely qualified to lead discussions about consent. The app launched in 2014 with the unique premise that women should send the first message and take the lead in a new romantic relationship. Two years before his 21st birthday, Sibley starred in his first adult film. This is more than enough to establish standing, especially under the liberal standing requirements in First Amendment challenges. Standing should be determined according to the plaintiffs’ interpretation of the law, not the government’s.
Government attorneys defending FOSTA in the case convinced the trial judge not only that the plaintiffs lacked standing, but also that the plaintiffs’ examples of chilled speech would not run afoul of FOSTA. As you might imagine, when preparing to have sex for an audience of 15,000 people, a flurry of anxious questions would likely run through your mind: What if my face gets in the shot and I’m recognized? Plaintiffs argue that they need not wait until they face a FOSTA enforcement action to challenge in court a law regulating speech. That’s no guarantee that the government won’t take FOSTA enforcement against them, and does nothing to stop states attorneys general or private individuals from hauling the plaintiffs, and others like them, into court seeking damages or criminal prosecution. The court must allow the plaintiffs’ challenge to go forward. This is exactly the kind of censoring behavior that plaintiffs are suing over.
“Sex workers rights are women’s rights, plain and simple. St. James Infirmary surveys street workers to gauge their needs at any given time. Tips come from doing what is asked of you, and you’re reliant on people tuning in at the right time. So people who work in those communities have censored themselves online or found forums they’ve used shuttered because of FOSTA. Sex workers are just people. Just like “whisper networks” and the “Sh-tty Media Men” list, sex workers have their own ways to warn each other about predatory men. Christa Daring, who has worked in various aspects of the commercial sex industry for 10 years and serves as the president of the Sex Workers Outreach Project‘s board, agrees. This year, Sardina and other sex workers spoke at the Women’s March’s official anniversary event in Las Vegas, and sex workers attended anniversary marches around the country. According to the University of Las Vegas report, the brothel industry brought in between $35 million and $50 million that year, and served about 400,000 clients. Steinem told TIME in an email: “I’ve listened to prostituted women and girls – and a few men – from Las Vegas to New York, from India to Australia – telling their personal stories of what made them risk body invasion by a stranger for money.” Based on those conversations, she believes most prostitutes aren’t acting entirely on their own volition.
