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

Federal AV Proposal Scores Minor Win in House but Remains in Doubt

A newly announced bipartisan agreement in the U.S. House of Representatives Committee on Energy and Commerce may soon bring a proposed federal age verification law before the full House, but the measure continues to face an uphill battle.

Khloe Kingsley, Derek Kage Lead Latest From Family Strokes

Khloe Kingsley and Derek Kage star in a Father's Day-themed release from Family Strokes.

Kylie Rocket Toplines Latest 'Luxure' From Dorcel

Kylie Rocket headlines "My Wife, Her Lovers, and I," the latest installment of Dorcel's "Luxure" series.

Swamp Barbee Makes Her WIFEY Debut

Swamp Barbee stars with her husband Bruce and Jason Luv in the latest release from Vixen Media Group studio imprint WIFEY.

Arizona Governor Vetoes 'Protect Act' With New Consent Provisions

Arizona Governor Kate Hobbs on Friday vetoed HB 2133, the “Protect Act,” which would have imposed new requirements for adult content uploaded online.

Brazil Begins Monitoring 18 Adult Sites for AV Compliance

Brazil’s National Data Protection Authority (ANPD) is now monitoring 18 high-traffic adult websites for compliance with the country’s Digital Statute for Children and Adolescents (Digital ECA), which requires such sites to age-verify users located in Brazil.

Ofcom Fines First Time Videos $100,000 for AV Noncompliance

U.K. media regulator Ofcom on Thursday imposed a fine of 80,000 pounds (more than $100,000) against First Time Videos, which operates FTVGirls.com and FTVMilfs.com, for failing to implement age checks required for compliance with the Online Safety Act.

Curves Ahead: How BBW Creators are Turning Differentiation Into Competitive Advantage

For centuries, curves have been celebrated as a symbol of beauty, sensuality and power. From the soft opulence of Rubens paintings to the glamorous silhouettes of pinup icons, fuller figures have long occupied a place in art, fashion and fantasy.

Elizabeth Skylar Performs Her 1st Anal for Elegant Angel

Elizabeth Skylar performs her first anal scene alongside Danny Mountain in the latest release from Elegant Angel, directed by Mad Creativity.

Woodhull Freedom Foundation to Host Virtual 'Pride' Edition of 'Fact Checked' Series

Woodhull Freedom Foundation is hosting a Pride Month virtual edition of its series “Fact Checked by Woodhull.”

Show More