A federal appeals court panel appears likely to strike down part of a law Congress overwhelmingly passed in 2018 to crack down on online advertising websites such as Backpage that were viewed as facilitating prostitution.
During arguments on Wednesday in a lawsuit brought by advocates for legalizing prostitution, a D.C. Circuit Court of Appeals panel expressed deep skepticism about the constitutionality of language in the anti-sex trafficking law that makes it a crime to operate a computer service with the intent to promote prostitution.
The Justice Department contends that the law simply criminalizes the use of a computer service to aid and abet prostitution, but Edwards and Millett said those words weren’t used in the relevant part of the new law and that it didn’t seem to require any concrete connection to prostitution. When Busa said he wasn’t certain whether Congress could ban owning a library while having the intent to promote prostitution, both of the panel’s Democratic appointees expressed surprise.“I don’t know why you haven’t thought about it,” Edwards added.
Walker, an appointee of President Donald Trump, also suggested that existing federal laws banning travel with the intent of promoting prostitution arguably implicated the constitutional right to travel, but they have been found constitutional.The lawsuit the court took up on Wednesday was filed by Human Rights Watch, the Internet Archive and the Woodhull Freedom Foundation, which says it advocates for “sexual freedom.
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