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 © 2025 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

Strike 3 Holdings Sues Meta for Pirating Vixen Media Group Content to Train AI

Vixen Media Group owner Strike 3 Holdings filed suit in federal court this week, accusing Facebook parent company Meta of copyright infringement and alleging that Meta has extensively pirated VMG content to train its artificial intelligence models.

Pineapple Support, Streamate to Host 'Navigating Grief and Loss' Support Group

Pineapple Support and Streamate are hosting a free online support group to help performers cope with grief and loss.

Friday is Final AV Compliance Deadline in UK

Friday, July 25 marks U.K. media regulator Ofcom’s deadline for user-to-user services such as tube, cam and fan sites to implement its requisite “highly effective age assurance” measures for preventing minors from viewing adult content.

AEBN Publishes Popular Searches for May, June

AEBN has released the top search terms for the months of May and June from its straight and gay theaters in all 50 states and the District of Columbia.

Two Texas Bills Restricting Sex Toy Sales Fail to Pass

Two bills aimed at restricting sales of sex toys have failed to pass the Texas state legislature during its 2025 session.

NYC Adult Stores Petition for Rehearing in Zoning Law Case

A group of adult businesses on Tuesday petitioned the U.S. Court of Appeals for the 2nd Circuit to rehear a case involving a zoning law that could severely limit adult stores’ operations in New York City.

Ofcom Releases Transparency Reporting Guidelines

Ofcom, the U.K. media regulator, has made public its official guidance detailing how online service providers — including adult sites — will be required to publish annual transparency reports on their efforts to protect children from online harms.

New AV Rules Take Effect for Ireland-Based Sites

Ireland’s Online Safety Code came into force Monday, including a provision requiring adult sites headquartered in Ireland to implement age assurance measures beyond self-declaration.

XBIZ Amsterdam Calls on New Startups for 'Spotlight' Program

XBIZ is pleased to announce that its new “Startup Spotlight” programming will make its European premiere at XBIZ Amsterdam 2025, set to take place Sept. 2-5 at the Jakarta Hotel Amsterdam.

Texas Resumes AV Lawsuit Against Aylo Following SCOTUS Decision

A district court judge in Texas has unfrozen the state’s $1.6 million lawsuit against Aylo for allegedly failing to comply with age verification requirements, Bloomberg Law is reporting.

Show More