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

CAM4 Debuts Weekly 'Skyy Knox's CAM Crawl' Livestream

CAM4 is launching "Skyy Knox’s CAM Crawl," a new livestream running every Sunday at 3 p.m. PDT.

Texas Judge Pauses AG Ken Paxton's Aylo Lawsuit Until SCOTUS Decision

A Texas district judge granted a request Wednesday to pause proceedings in the lawsuit filed by Attorney General Ken Paxton against Aylo over its implementation of Texas’ controversial age verification requirements for Pornhub, pending the outcome of the Free Speech Coalition-led lawsuit against Paxton, which will be heard by the Supreme Court during the next term.

Author of UN Report Recommending Worldwide Criminalization of Sex Work, Porn to Speak at NCOSE Summit

Jordanian activist Reem Alsalem, a special rapporteur on violence against women and girls at the United Nations Human Rights Council who recently issued a controversial report recommending that governments abolish all forms of sex work, including porn, will speak at anti-porn lobby NCOSE’s 2024 summit in August.

Spicey AI Voice Chat Platform Launches

Spicey AI, a platform that uses artificial intelligence to create interactive voice messages from chatbots based on adult performers, has launched.

Derek Hay Sentencing Hearing: Performers Give Impact Statements

The first day of the sentencing hearing for LA Direct Models’ Derek Hay, who pleaded guilty in May to one charge of conspiracy to commit pandering and a charge of perjury, took place in Los Angeles Wednesday.

Utherverse to Host 8th Annual VirtualCon in September

Virtual reality and metaverse technology company Utherverse will hold the eighth edition of its annual virtual conference, VirtualCon, from Sept. 26-28.

Pornhub Shuts Down Access in Nebraska Over Age Verification

Aylo began blocking access to Pornhub in Nebraska on Monday, in anticipation of the state’s new age verification law — one of many such bills promoted by religious conservatives around the country — which is scheduled to go into effect Thursday.

FeelMe AI Launches 3 New Subscription Tiers

FeelMe AI has launched three new subscription levels, allowing users to connect compatible Kiiroo sex toys to their videos for interactive solo play.

CamSoda Launches AI Girlfriend Builder

CamSoda has debuted a personalized "AI girlfriend" feature, which allows users to create their very own virtual companion at no charge, including free NSFW role-play and chat.

Free Speech Organization Comes Out in Support of Wisconsin Professor Who Posted on OnlyFans

After a University of Wisconsin-La Crosse faculty tribunal recommended stripping veteran professor of communications Joe Gow of tenure last week due to Gow having unremorsefully created and appeared in adult content, a major free speech organization has come out in his support.

Show More