Texas Judges Claim Jurisdiction Over Facebook Lawsuit Challenging Section 230

Texas Judges Claim Jurisdiction Over Facebook Lawsuit Challenging Section 230

HOUSTON — Texas' Fourteenth Court of Appeals denied yesterday Facebook’s appeal to dismiss a lawsuit in which lawyers for anonymous plaintiffs argued the platform “facilitated the sex trafficking of minors” and is not protected from liability by Section 230.

Facebook had asked the intermediate appellate panel to decide if Texas had jurisdiction over the case, which challenges longstanding Section 230 liability protections for user-generated content.

Section 230 is universally considered by digital rights advocates as "the First Amendment of the internet" and a crucial bulwark against state and corporate censorship of controversial speech, including sexual expression.

The three-judge panel denied the bid, siding with the Jane Doe plaintiffs who — largely based on the controversial FOSTA-SESTA carveout of Section 230 — allege that Facebook “provided an unrestricted platform for predators to exploit and extort children and recruit them into the sex trade,” legal news site Law360 reported.

The Texas Supreme Court ruled in June 2021 that Facebook was protected from several of the claims by Section 230 immunity from liability, but also decided that some of the claims made by the Jane Does — in synchronicity with the arguments of legal staff at powerful anti-porn lobbies like NCOSE — could proceed “under a Texas statute that allows for a claim against anyone who ‘intentionally or knowingly benefits from participating in a venture that traffics another person,’” Law360 explained.

The appellate panel yesterday ruled that since Facebook “does substantial business in Texas through the marketing of its social networking website in the state, profits from the sale of Texas users' personal data and directly advertises its products to millions of Texas users,” the lawsuit can moved forward in the state.

“Texas has a strong interest in protecting citizens of the state by exercising jurisdiction over these types of claims,” Chief Justice Tracy Christopher and Justices Charles A. Spain and Margaret "Meg" Poissant declared.

Christopher is a Republican and Spain and Poissant are Democrats.

Such “user-generated content” cases have become increasingly politicized since the enactment of FOSTA-SESTA, especially after former President Donald Trump took up the crusade to dismantle Section 230 protections.

When discussing one of the cases against the platform in February 2021, Texas Supreme Court Justice Debra Lehrmann — a Republican appointed by Governor Rick Perry in 2010 and then twice reelected — took aim at Section 230 protections, questioning Facebook’s immunity on the grounds that it may have “failed to warn users of the dangers of sex trafficking.”

The case is Facebook Inc. v. Jane Doe, case number 14-19-00854-CV, in the Texas Court of Appeals for the Fourteenth District.

Copyright © 2024 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

The Daily Mail Revives Discredited 'Pornography-Induced Erectile Dysfunction' (PIED) Theory

Conservative U.K. tabloid The Daily Mail revived the pseudo-medical concept of Pornography-Induced Erectile Dysfunction (PIED) in a recently published porn panic piece which used as its source statements by a British orthopedic surgeon.

MojoHost Transitions Legacy VPS Plans to Upgraded Platform

MojoHost has successfully completed the upgrade and transition of all legacy VPS plans to its newest hardware platform.

TEAs Reveal 2025 Dates

The 2025 Trans Erotica Awards (TEAs) and related festivities will take place March 7-9 at the Avalon in Hollywood, organizers have announced.

Editor of UK's Top Conservative Magazine Makes Outlandish Claims About Adult Content

The commissioning editor for The Spectator, the U.K.’s leading conservative magazine, has published a sensationalizing editorial blaming adult content for an entirely unrelated rape case currently being prosecuted in France.

Brazzers Launches Virtual Reality Imprint

Brazzers has launched its new virtual reality imprint, Brazzers VR.

FSC Reports Takedown of Adult Performer Doxxing Leak

Free Speech Coalition (FSC) has reported the takedown of a major doxxing leak outing the legal names of over 13,000 adult performers.

Gay Porn Outing of Project 2025 Contributor Corey DeAngelis Throws Light on 'Civil' Culture War Within the Right

Conservative education activist and Project 2025 contributor Corey DeAngelis issued a statement Tuesday, following allegations that he may have acted in gay porn videos under the name Seth Rose almost a decade ago.

Appeals Court Upholds Dismissal of FSC's Utah AV Suit

The United States Court of Appeals for the 10th Circuit on Tuesday affirmed a district court’s motion to dismiss Free Speech Coalition v. Anderson, the industry trade association’s challenge to Utah’s age verification law.

Forbes Names OnlyFans Owner Among 400 Wealthiest Americans

OnlyFans owner Leo Radvinsky has for the first time landed a spot on Forbes magazine’s annual list of the 400 wealthiest Americans.

FSC Sets Key Dates, Qualifiers for Board of Directors Election

Free Speech Coalition (FSC) has released its schedule of key dates and list of qualifiers for its upcoming board of directors election.

Show More