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

Cherry Kiss, Ella Reese Star in Latest From Bellesa Plus

Multi XMAs-winner Cherry Kiss stars with Ella Reese in a new release from Bellesa Plus.

Ravyn Alexa, Jasmine Sherni Lead Latest From Brazzers

Ravyn Alexa and Jasmine Sherni star with Scott Nails in the latest release from Brazzers, titled "Hot Tomboy Gets the DILF."

Jade Venus, Cliff Jensen Star in Latest From TransSensual

Jade Venus and Cliff Jensen star in the latest release from Mile High Media studio imprint TransSensual, titled "Locked In."

Gender X Debuts Jim Powers' Limited Series 'Trans Realtors'

Gender X Films has debuted the first installment of director Jim Powers’ limited series "Trans Realtors."

Sage Makes Her WIFEY Debut

Sage stars with her husband Onyx and Parker Ambrose in the latest release from Vixen Media Group studio imprint WIFEY.

Candie Luciani, Reina O'Hara Lead World Cup-Themed Collab From Fit 18/Immoral Productions

Candie Luciani and Reina O’Hara star in a World Cup-themed collaborative release from Fit 18 and Immoral Productions.

Lawsuit Alleging Meta Pirated VMG Content Will Move Forward

A U.S. district court on Thursday rejected Facebook parent company Meta’s motion to dismiss a suit by Vixen Media Group owner Strike 3 Holdings, which accuses Meta of pirating VMG content to train its artificial intelligence models.

Elly Clutch Stars in Latest From Brazzers

Multi-XMAs winner Elly Clutch stars with Ricky Johnson in the latest release from Brazzers, titled "Rise & Grind."

Playboy Partners With Creator Platform Tango

Playboy has partnered with creator platform Tango, introducing Playmates to the livestreaming service.

Anti-Porn Senator Introduces Federal Age Verification Bill

U.S. Senator Jim Banks of Indiana, who last month urged the Department of Justice to ramp up obscenity prosecutions, on Wednesday introduced a bill that would make age verification by adult websites federal law.

Show More