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

Jonni Darkko Directs New Kianna Dior Showcase

Evil Angel has released Jonni Darkko’s latest showcase, "Kianna Dior Busty Cum Slut 12."

Martina Smeraldi Makes Her Bellesa Plus Debut

Martina Smeraldi has made her Bellesa Plus debut alongside Christian Clay and reigning three-time XMAs Male Performer of the Year Vince Karter in the studio’s latest release, “The Pilots.”

TTS: European Production Hold to End August 14

Talent Testing Service Europe has issued a follow-up statement to its call for a European production hold due to a positive syphilis test last week, advising ending the hold on August 14. The statement follows:

New Owner Alex Mack on Hussie's Rebrand to Glow Models

Alex Mack, the longtime Hussie Models agent who bought the company in April, has renamed it Glow Models.

TSBlondieNYC Launches Official Website Through PAYSITE

TSBlondieNYC has launched an official website through PAYSITE.

Akira Rabbit, Jasmine Lotus Lead Latest From TGirls.Porn

Akira Rabbit and Jasmine Lotus star in the latest release from Grooby paysite TGirls.Porn, titled "Solid Platinum Girls."

Lucy Mochi Makes Her TeamSkeet Debut As August's 'AllStar'

Lucy Mochi has made her debut for TeamSkeet alongside multi-XMAs winner Ryan Driller.

Asteria Jade Makes Her Brazzers Debut

Asteria Jade has made her Brazzers debut alongside Addison Vodka and Scott Nails in “Just Rivals.”

Emma Rose Stars in Latest From TransAngels

Multi-XMAs winner Emma Rose stars with Jayden Marcos in the latest release from TransAngels, titled "Hungry for More."

Harry Sparks Releases 'The Girls of Cosplay: The Extended Edition'

Harry Sparks has released an extended edition of his Sparks Entertainment title “The Girls of Cosplay.”

Show More