Fifth Circuit Issues First Appellate Ruling Under Federal Revenge Porn Law, 15 U.S.C. § 6851

On December 3, 2024, the U.S. Court of Appeals for the Fifth Circuit issued the first appellate decision in the country under the federal civil revenge porn statute, 15 U.S.C. § 6851. The case, Doe v. Gipson, marks a significant milestone in how federal courts will handle injunctions in nonconsensual pornography cases — especially for survivors in Louisiana, Mississippi, and Texas.

Read the full unpublished opinion here: Doe v. Gipson, No. 24-50018 (5th Cir. Dec. 3, 2024)

Background: A Groundbreaking Federal Law for Revenge Porn Survivors

15 U.S.C. § 6851 became effective on October 1, 2022, providing a powerful new civil cause of action for victims of nonconsensual intimate image distribution — often called “revenge porn.” This law allows plaintiffs to seek damages, attorney’s fees, and crucially, injunctive relief — court orders requiring the perpetrator to remove the content or cease distribution.

Since the statute took effect, dozens of lawsuits have been filed across the United States by anonymous plaintiffs (often “Jane Doe” or “John Doe”) to protect their identities. But Doe v. Gipson is the first case to reach a federal appellate court and clarify how trial courts must evaluate injunctions under the statute.

Case Overview: Doe v. Gipson [5th Cir. Dec. 3, 2024]

In Doe v. Gipson, the plaintiff sought a preliminary injunction to force the defendant to remove nude images and defamatory content he posted online after their relationship ended. The U.S. District Court for the Western District of Texas denied her request, ruling that because she did not offer live testimony, she had not shown a “likelihood of success on the merits” — the first requirement for injunctive relief.

On appeal, the Fifth Circuit reversed.

Key Holding: Injunctive Relief Does Not Require Live Testimony

The Fifth Circuit held that the district court abused its discretion by requiring live testimony to support a motion for a preliminary injunction. The appellate court clarified that documentary and objective evidence can suffice to show a likelihood of success on the merits. As the court noted, “Documents or objective evidence may contradict the witness’s story; or the story itself may be so internally inconsistent or implausible on its face that a reasonable factfinder would not credit it.”

This ruling is particularly important for survivors of revenge porn, many of whom may be unwilling or unable to testify publicly due to trauma, fear of retaliation, or privacy concerns. The Fifth Circuit’s decision affirms that their claims can be supported through text messages, screenshots, forensic data, and other records — not just live testimony.

Why This Case Matters: A Roadmap for Courts in the Fifth Circuit

The Doe v. Gipson ruling provides critical guidance to district courts in Texas, Louisiana, and Mississippi, which are all within the Fifth Circuit. It ensures that federal courts in these states apply a survivor-centered approach when evaluating emergency relief under 15 U.S.C. § 6851.

It also sets the tone for other appellate courts across the country as more revenge porn cases work their way through the federal system.

What This Means for Victims

• File a lawsuit anonymously
• Seek a court order to remove the images
• Recover monetary damages and attorneys’ fees
• Hold perpetrators accountable in federal court

And thanks to Doe v. Gipson, courts in Texas, Louisiana, and Mississippi must consider all forms of credible evidence when deciding whether to stop further harm through a preliminary injunction — not just live courtroom testimony.

Contact Us Today

If you or someone you love has been harmed by revenge porn or intimate image abuse, we’re here to help. Our law firm represents survivors in civil lawsuits under 15 U.S.C. § 6851 and applicable state laws. You have the right to take action — and you can do so confidentially.

📞 Call us today for a confidential consultation.