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

FSC Details Legislative Outlook for 2026

The Free Speech Coalition (FSC) has laid out the legislative outlook for the industry in 2026.

AEBN Publishes Popular Searches by Country for December, January

AEBN has released the list of popular searches from its straight and gay theaters, by country, for December and January.

Gray Perrier, Liv Revamped & Zariah Aura Star in New Transfixed Release

Gray Perrier stars with Liv Revamped and Zariah Aura in the latest release from Transfixed, titled "Bachelorette Stripper Switcheroo."

Jim Austin Joins CrakRevenue Team

Strategist Jim Austin has been hired by CrakRevenue.

Reptyle Debuts Cross-Site Release 'Mom vs. Girlfriend'

Reptyle is launching a cross-site release on its Family Strokes, MYLF, Freeuse, and TeamSkeet imprints, titled “Mom vs. Girlfriend.”

Judge Dismisses NCOSE-Backed Suits Against Adult Sites Over Kansas AV Law

A federal judge on Tuesday dismissed lawsuits brought against two adult websites in Kansas for alleged violations of the state’s age verification law.

Sara Jay Makes Her MILFY Debut

Sara Jay has made her debut for Vixen Media Group (VMG) studio imprint MILFY, alongside Hollywood Cash.

MsSexySaigon Stars in New Release From FreeUse

MsSexySaigon stars with Josh Rivers and Jason Sarcinelli in a new release from FreeUse.

Aylo/SWOP Panel Spotlights Creators' Struggle for Digital, Financial Rights

Aylo and Sex Workers Outreach Project (SWOP) Behind Bars presented, on Tuesday, an online panel on creators’ rights, debanking and deplatforming.

Addison Vodka Headlines 'Infidelity 5' From Sweet Sinner

Addison Vodka toplines "Infidelity 5," the latest release from Mile High Media studio brand Sweet Sinner.

Show More