Texas Prosecutor Accused of Abuse of Power for Netflix Censorship Attempt

Texas Prosecutor Accused of Abuse of Power for Netflix Censorship Attempt

WOODVILLE, Texas — A coalition of broadcasters, journalists and publishers this week told a Fifth Circuit appeals panel that Tyler County District Attorney Lucas Babin acted in bad faith and abused his powers by manipulating a Texas grand jury into indicting Netflix for promoting the award-winning film “Cuties.”

As XBIZ reported, the religious conservative Texas prosecutor — also a former fashion model and actor who appeared in movies like “School of Rock” and “Brick” — indicted California streaming company Netflix in October 2020. Babin alleged that “Cuties,” a French coming-of-age art house film about multicultural youth, “appeals to the prurient interest in sex and has no serious literary, artistic, political or scientific value.”

Supporting Netflix, the broadcasters, journalists and publishers told the Fifth Circuit panel that lifting the federal injunction currently stopping the Republican DA’s case against Netflix would “unleash a flood of chilling effects on protected speech,” legal news site Law 360 reported.

Earlier this year, Babin appealed to the Fifth Circuit to reject the injunction. The group defending the injunction, Law 360 reported, includes more than two dozen companies and organizations, among them Fox Television, Penguin Random House, the Center for Investigative Reporting, the Association of American Publishers, the Cato Institute, the News/Media Alliance and the Motion Picture Association.

The DA, the briefing noted, acted in bad faith by manipulating the grand jury in Tyler county — a “deep red” area outside of Houston, close to the Louisiana border — and then by “derailing the company’s attempt to get the prosecution thrown out by hitting it with tougher child porn charges in a second indictment,” Law 360 reported.

“Without the ability to seek redress for baseless prosecutions in federal court, critical constitutional rights would be curbed, and a vast array of speech would be chilled for fear of being similarly prosecuted,” the group argued.

The original October 2020 indictment appears politically motivated, with Texas State Representative Matt Schaefer (R) tweeting at the time that Netflix was being indicted “for promoting material in ‘Cuties’ film which depicts lewd exhibition of pubic area of a clothed or partially clothed child who was younger than 18 yrs of age which appeals to the prurient interest in sex.”

Babin released a statement noting, “After hearing about the movie ‘Cuties’ and watching it, I knew there was probable cause to believe it was criminal under Section 43.262 of the Texas Penal Code.

“The legislators of this state believe promoting certain lewd material of children has destructive consequences,” Babin argued. “If such material is distributed on a grand scale, isn’t the need to prosecute more, not less? A grand jury in Tyler County found probable cause for this felony, and my job is to uphold the laws of this state and see that justice is done.”

This week, the Foundation for Individual Rights and Expression (FIRE) also filed a brief supporting Netflix. J.T. Morris, senior attorney at FIRE, told Law360 that Babin was the only U.S. prosecutor to file a criminal case against Netflix for carrying ‘Cuties’ and that “federal courts have to step in to curb such abuse of power.”

“Cuties,” originally titled “Mignonnes,” is a 2020 French film written and directed by Maïmouna Doucouré, a Senegalese-French filmmaker. The movie is inspired by Doucouré’s youth and centers on a Senegalese-French girl from a strict Muslim family. Amy, who is the main character and 11 years old, becomes interested in her neighbor’s dance group, called Cuties.

The film is critically acclaimed, and — despite the assessment of DA Babin and the Tyler County grand jury — its artistic value has been attested to by nominations at the Berlin International Film Festival and the Sundance Film Festival, where Doucouré won a directing prize.

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

FSC Publishes Analysis of Federal Trade Commission Event Promoting AV

Free Speech Coalition (FSC) has published an analysis of a Federal Trade Commission (FTC) event held this week that promoted age verification among other forms of speech regulation.

GirlsDoPorn Owner Michael Pratt Pleads Guilty to Sex Trafficking

Michael Pratt, former owner of the rogue website GirlsDoPorn, pleaded guilty in the U.S. District Court for the Southern District of California on Thursday to sex trafficking and conspiracy to commit sex trafficking charges, according to a report by City News Service.

Master Nico Relaunches Site Through YourPaysitePartner

Master Nico has relaunched his official website through YourPaysitePartner (YPP).

Federal Judge Grants Partial Halt of Florida AV Law

The United States District Court for the Northern District of Florida, Tallahassee Division, has granted a preliminary injunction against HB 3, the state's age verification law, as a lawsuit filed by two online trade associations challenging the law makes its way through the courts.

Aylo Releases Statement on Suspending Access to Pornhub in France

Technology and media company Aylo, which operates adult sites including Pornhub, YouPorn, and Redtube, has released a public statement regarding its decision to block access to its sites in France.

Pineapple Support to Host Wellness Sessions at Bucharest Summit

Pineapple Support is hosting free group and one-on-one therapy sessions at Bucharest Summit, June 3-5.

Pornhub Blocks Access in France in Response to SREN Law

Pornhub parent company Aylo has opted to block access to its sites in France rather than comply with age verification requirements under the country’s Security and Regulation of the Digital Space (SREN) law.

ASACP Highlights Study on Parental Controls

The Association of Sites Advocating Child Protection (ASACP) is highlighting the results of a study on the underutilization of parental controls.

Sydney Screams Launches New Site Through Grooby's Blue.xxx

Sydney Screams has launched her new membership site, SydneyScreams.xxx, through Grooby's website management company Blue.xxx.

Mistress Mystii Is LoyalFans' 'Featured Creator' for June

LoyalFans has named Mistress Mystii as its Featured Creator for June.

Show More