GoDaddy Revenge Porn Case May Head to the Texas Supreme Court

BEAUMONT, Texas — Yesterday a Texas appeals court ruled that a group of revenge porn victims could not sue GoDaddy.com for hosting offending content. But the group’s lawyer, John Morgan, disagrees, and says he is taking the case to the Texas Supreme Court. 

"I am going to file a Petition for Review with  the Texas Supreme Court,” Morgan told XBIZ. “I respectfully disagree with the Ninth Court’s ruling, so I shall hope the Texas Supreme Court grants review over this decision.

"This matter involves very important constitutional issues, and I will develop these issues in more detail when I apply for review to the Texas Supreme Court.”

Hollie Toups and 16 other women had filed a breach of privacy, intentional infliction of emotional distress and negligence suit last year against Texxxan.com and GoDaddy in Orange County District Court.

The plaintiffs acknowledged that GoDaddy did not have a hand in creating the offensive material, but they claimed that it knew of the content, refused to take it down and profited from it.

While the trial court refused to dismiss the claims against GoDaddy, a three-judge panel with the 9th District Court of Appeals in Beaumont reversed the decision yesterday.

"Allowing plaintiffs' to assert any cause of action against GoDaddy for publishing content created by a third party, or for refusing to remove content created by a third party, would be squarely inconsistent with Section 230 of the federal Communications Decency Act,” Justice Charles Kreger wrote for the court. "Because GoDaddy acted only as an interactive computer service provider and was not an information content provider with regard to the material published on the websites, plaintiffs cannot maintain claims against GoDaddy that treat it as a publisher of that material."

Kreger added that the Communications Decency Act (CDA) grants immunity even in cases involving illegal and obscene material and that limiting its application to suits involving constitutionally protected material would “undermine its purpose.”

Because the plaintiffs have amended their case three times, Kreger barred further revision.

Section 230 of the CDC has become a central focus in the recent push to prosecute revenge porn offenders, with some lauding the law as a Constitutional safe haven and others deriding it as a cop out.

Rep. Jackie Speier (D-Calif.) announced at the end of March that she is preparing to introduce federal legislation to criminalize revenge porn, and hopes to bring the bill to Congress sometime this month. A federal ban would effectively override Section 230, making webmasters and even search engines culpable any illegal content linked to their sites or services.

Related:  

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Wisconsin Governor Vetoes Age Verification Bill

Gov. Tony Evers on Friday vetoed AB 105, an age verification bill that would have allowed anyone to sue adult content providers for damages over alleged failure to age-verify users in Wisconsin, with penalties of up to $10,000 per violation.

Sarah Arabic Makes Her Elegant Angel Debut

Sarah Arabic has made her debut for Elegant Angel alongside multi-XMAs winner Seth Gamble in a release directed by Sid Knox.

Keke Lou Makes Her WIFEY Debut

Keke Lou has made her debut for Vixen Media Group studio imprint WIFEY alongside her husband, Moses, and Chocolate Rod.

FSC Releases Statement on Wisconsin Governor Vetoing AV Bill

The Free Speech Coalition has released a statement on Wisconsin Governor Tony Evers' veto of the state's age verification legislation.

Lilly Bell, Gizelle Blanco Lead Latest From Girlsway

2025 XMAs Girl/Girl Performer of the Year Lilly Bell stars with Gizelle Blanco in the latest Girlsway release, titled “Door-to-Door Seduction.”

Romi Rain Fronts Latest From New Sensations

Multi-XMAs winner Romi Rain stars with Ken Feels and Nick Strokes in the latest release from New Sensations.

AV Bulletin: West Virginia Enacts AV Law, Ohio 'Innocence Act' Advances

This roundup provides an update on the latest news and developments on the age verification front as it impacts the adult industry.

Amy Nosferatu, Bobbii Rose Lead Latest From TransAngels

Amy Nosferatu and Bobbii Rose star in the latest release from TransAngels, titled "Hot Loads Only."

Woodhull Survey Reveals Concern Among Sex Educators Over AV Laws' Impact on Access

A national survey of sex educators by the Woodhull Freedom Foundation found that a majority of sex educators and sexual health professionals are concerned that age verification (AV) laws will negatively impact access to information and resources.

Lulu Chu, Skyla Sun Topline Latest 'Please Make Me Lesbian'

Lulu Chu and Skyla Sun headline the 27th volume of "Please Make Me Lesbian," the latest release from Girlfriends Films.

Show More