January 24, 2020:
The Court Orders That the Constitutional Challenge of SESTA/FOSTA Be Sent Back to the District Court for a Ruling on the Merits of the Case.
The court found that two of the four plaintiffs in the case have adequate standing to pursue claims. Alex Andrews, through her website Rate That Rescue, adequately established an Article III injury-in-fact because she has alleged intention to engage in conduct with constitutional interest (involving speech).
Eric Koszyk, massage therapist, also established Article III standing. Because of SESTA/FOSTA, Craigslist “Therapeutic Services” shut down, directly negatively impacting Koszyk’s ability to find clients and make a living. In Koszyk’s case, there is also redressability if SESTA/FOSTA were to be repealed.