Tyler County District Attorney Lucas Babin came short in federal court a year ago in his attempt to hit Netflix with child pornography charges over the controversial Cuties, and now an appeals court has handed the former School of Rock actor another defeat and the streamer another win.
“We do not take accusations of prosecutorial bad faith or harassment lightly,” wrote 5th Circuit Court of Appeals Judge Don R. Willett today of the case from the Woodville, TX-based prosecutor “Nor, absent extraordinary circumstances, are we inclined to exercise our jurisdiction in a way that interferes with ongoing state-court proceedings, he added in a 28-page order from himself and two other judges in Netflix’s favor (read the Cuties appeals court ruling here).
“But the injunction is preliminary, our review is deferential, and existing Supreme Court precedent has calibrated the principles of equity and federalism in a way that authorized the district court’s intervention.
“We do not take accusations of prosecutorial bad faith or harassment lightly,” wrote 5th Circuit Court of Appeals Judge Don R. Willett today of the case from the Woodville, TX-based prosecutor “Nor, absent extraordinary circumstances, are we inclined to exercise our jurisdiction in a way that interferes with ongoing state-court proceedings, he added in a 28-page order from himself and two other judges in Netflix’s favor (read the Cuties appeals court ruling here).
“But the injunction is preliminary, our review is deferential, and existing Supreme Court precedent has calibrated the principles of equity and federalism in a way that authorized the district court’s intervention.
- 12/19/2023
- by Dominic Patten
- Deadline Film + TV
An appeals court on Monday blocked a Texas district attorney from pursuing child pornography charges against Netflix for showing the French film “Cuties.”
In a 3-0 ruling, the 5th Circuit Court of Appeals upheld a lower court injunction that put the prosecution on an indefinite hold.
Netflix released the film in September 2020, sparking immediate controversy over its depiction of a teen dance troupe. Lucas Babin, the elected D.A. in Tyler County, Texas, indicted the streamer for “promotion of lewd visual material depicting a child.”
The film does not contain any sex scenes. The underage actors are shown doing provocative dance steps while clothed, and there is also a brief glimpse of an adult woman’s bare breast.
The streamer took the case to federal court, arguing that Babin was pursuing the case in bad faith and had no hope of obtaining a conviction. In November 2022, a federal judge granted...
In a 3-0 ruling, the 5th Circuit Court of Appeals upheld a lower court injunction that put the prosecution on an indefinite hold.
Netflix released the film in September 2020, sparking immediate controversy over its depiction of a teen dance troupe. Lucas Babin, the elected D.A. in Tyler County, Texas, indicted the streamer for “promotion of lewd visual material depicting a child.”
The film does not contain any sex scenes. The underage actors are shown doing provocative dance steps while clothed, and there is also a brief glimpse of an adult woman’s bare breast.
The streamer took the case to federal court, arguing that Babin was pursuing the case in bad faith and had no hope of obtaining a conviction. In November 2022, a federal judge granted...
- 12/19/2023
- by Gene Maddaus
- Variety Film + TV
A federal judge issued an injunction last month that blocks a Texas prosecutor from bringing child pornography charges against Netflix for distributing the French film “Cuties.”
But the prosecutor, Tyler County District Attorney Lucas Babin, is not giving up.
In a notice filed on Monday, Babin indicated that he will appeal the ruling to the 5th Circuit Court of Appeals.
The fight over “Cuties” began more than two years ago, when Netflix began streaming the film in the U.S. The film tells the story of a 11-year-old Senegalese immigrant girl who joins a dance troupe that performs provocative routines. The film sparked an outcry in the U.S., with some politicians charging that the child actors had been sexually exploited.
Babin, a former soap opera actor and the son of a local congressman, obtained a grand jury indictment against Netflix for allegedly promoting lewd visual material of children. The...
But the prosecutor, Tyler County District Attorney Lucas Babin, is not giving up.
In a notice filed on Monday, Babin indicated that he will appeal the ruling to the 5th Circuit Court of Appeals.
The fight over “Cuties” began more than two years ago, when Netflix began streaming the film in the U.S. The film tells the story of a 11-year-old Senegalese immigrant girl who joins a dance troupe that performs provocative routines. The film sparked an outcry in the U.S., with some politicians charging that the child actors had been sexually exploited.
Babin, a former soap opera actor and the son of a local congressman, obtained a grand jury indictment against Netflix for allegedly promoting lewd visual material of children. The...
- 12/6/2022
- by Gene Maddaus
- Variety Film + TV
Backed against the wall, Netflix wants a Texas District Attorney stopped from hitting the streamer with child pornography charges over the coming-of-age drama Cuties.
“Netflix brings this Complaint to enjoin Tyler County District Attorney Lucas Babin from abusing his office and infringing Netflix, Inc.’s constitutional rights,” the Reed Hastings and Ted Sarandos-run streamer said in a complaint for injunctive relief filed in federal court today (read it here)
“This one prosecutor —out of all the prosecutors in America— has indicted Netflix not just once but five times,” the complaint adds.”Each indictment violates the United States Constitution and comes in retaliation against Netflix’s exercising its First Amendment rights to free speech and to petition the government for redress.”
“Enough is enough.”
Placed in the District Court docket by the Dallas offices of law firm Carter Arnett Pllc and San Antonio-based Prichard Young Llp in the hopes of...
“Netflix brings this Complaint to enjoin Tyler County District Attorney Lucas Babin from abusing his office and infringing Netflix, Inc.’s constitutional rights,” the Reed Hastings and Ted Sarandos-run streamer said in a complaint for injunctive relief filed in federal court today (read it here)
“This one prosecutor —out of all the prosecutors in America— has indicted Netflix not just once but five times,” the complaint adds.”Each indictment violates the United States Constitution and comes in retaliation against Netflix’s exercising its First Amendment rights to free speech and to petition the government for redress.”
“Enough is enough.”
Placed in the District Court docket by the Dallas offices of law firm Carter Arnett Pllc and San Antonio-based Prichard Young Llp in the hopes of...
- 3/3/2022
- by Dominic Patten
- Deadline Film + TV
Netflix has asked a federal judge to prevent a Texas district attorney from bringing child pornography charges against the streamer for its release of the French film “Cuties.”
Tyler County Da Lucas Babin indicted Netflix in September 2020 for distributing “Cuties,” accusing the film of depicting the “lewd exhibition of minors.” The streamer now says “Enough is enough” in its latest legal filing on Thursday and says Babin is trying to stifle Netflix’s First Amendment rights, demanding the case be thrown out.
“As Babin is well-aware, ‘Cuties” violates no laws: it contains nothing obscene, it contains no scenes of children engaged in ‘sexual conduct,’ it contains no ‘lewd depictions of minors.’ Indeed, other prosecutors in Texas have not only refused to take up for his ill-advised indictment(s), they have also conceded that ‘Cuties’ is not criminal but has ‘serious political, literary, and artistic value.’ But this one prosecutor—out...
Tyler County Da Lucas Babin indicted Netflix in September 2020 for distributing “Cuties,” accusing the film of depicting the “lewd exhibition of minors.” The streamer now says “Enough is enough” in its latest legal filing on Thursday and says Babin is trying to stifle Netflix’s First Amendment rights, demanding the case be thrown out.
“As Babin is well-aware, ‘Cuties” violates no laws: it contains nothing obscene, it contains no scenes of children engaged in ‘sexual conduct,’ it contains no ‘lewd depictions of minors.’ Indeed, other prosecutors in Texas have not only refused to take up for his ill-advised indictment(s), they have also conceded that ‘Cuties’ is not criminal but has ‘serious political, literary, and artistic value.’ But this one prosecutor—out...
- 3/3/2022
- by Brian Welk
- The Wrap
Netflix asked a federal court on Thursday to block a Texas prosecutor from pursuing child pornography charges against the streaming service for distributing the 2020 French film “Cuties.”
Lucas Babin, the elected district attorney in Tyler County, Texas, indicted Netflix in September 2020, alleging that the film violates a state law against the “lewd exhibition” of children. The film portrays a children’s dance troupe, and sparked controversy in the U.S. after its release due to its suggestive choreography.
Netflix has sought to have the case thrown out, arguing that the statute violates the First Amendment.
A hearing was initially set on that motion for Thursday. But in a procedural move on the eve of the hearing, Babin dropped the original indictment and brought four new indictments under a different statute, alleging that the film violates the Texas state law against child pornography.
In response, Netflix filed a request for an injunction in federal court,...
Lucas Babin, the elected district attorney in Tyler County, Texas, indicted Netflix in September 2020, alleging that the film violates a state law against the “lewd exhibition” of children. The film portrays a children’s dance troupe, and sparked controversy in the U.S. after its release due to its suggestive choreography.
Netflix has sought to have the case thrown out, arguing that the statute violates the First Amendment.
A hearing was initially set on that motion for Thursday. But in a procedural move on the eve of the hearing, Babin dropped the original indictment and brought four new indictments under a different statute, alleging that the film violates the Texas state law against child pornography.
In response, Netflix filed a request for an injunction in federal court,...
- 3/3/2022
- by Gene Maddaus
- Variety Film + TV
Lucas Babin is a man who made himself quite famous when he took on the role of Spider in the 2003 hit “School of Rock,” but that wasn’t the only time he made a name for himself. He also had roles in several other films. He made appearances in a variety of television shows, and he had a main part in the 2005 hit, “America,” in which he played the role of Nick. He’s been a daytime soap star with an 11-episode arc on The Young and the Restless, and he’s modeled for much of his life. He’s a man
10 Things You Didn’t Know about Lucas Babin...
10 Things You Didn’t Know about Lucas Babin...
- 4/13/2021
- by Tiffany Raiford
- TVovermind.com
Woodville is a small town in the forestland of East Texas. With a population of about 2,500, it is home to the Tyler County courthouse, where two circuit judges split their time with other counties.
Woodville is, in other words, an unlikely place for a culture war over a French movie.
But on Tuesday, Lucas Babin, Tyler County’s criminal district attorney, announced that he had indicted Netflix on a charge of distributing lewd content. He said that he had heard about the controversy over the provocative scenes in “Cuties.” The film, about an 11-year old girl who joins a Parisian dance troupe in rebellion against her traditional Senegalese family, premiered at the Sundance Film Festival in January, and began streaming on Netflix last month.
Babin watched it, and decided that it crossed a line, and that he had to act. In doing so, he touched off a high-stakes battle over obscenity in the streaming era,...
Woodville is, in other words, an unlikely place for a culture war over a French movie.
But on Tuesday, Lucas Babin, Tyler County’s criminal district attorney, announced that he had indicted Netflix on a charge of distributing lewd content. He said that he had heard about the controversy over the provocative scenes in “Cuties.” The film, about an 11-year old girl who joins a Parisian dance troupe in rebellion against her traditional Senegalese family, premiered at the Sundance Film Festival in January, and began streaming on Netflix last month.
Babin watched it, and decided that it crossed a line, and that he had to act. In doing so, he touched off a high-stakes battle over obscenity in the streaming era,...
- 10/9/2020
- by Gene Maddaus
- Variety Film + TV
Few films of the past decade have been so widely excoriated — and so widely misunderstood — as Cuties, an award-winning French film currently streaming on Netflix. Directed by French-Senegalese filmmaker Maïmouna Doucouré, Cuties is a poignant, if raw, coming-of-age story about an 11-year-old Muslim girl who joins a dance troupe. The film contains depictions of scantily-clad adolescent girls dancing in a sexualized fashion, prompting uproar even though Doucouré maintained it was intended to serve as a critique of female hyper-sexualization. Netflix marketing materials, which featured the film’s stars in provocative actions,...
- 10/8/2020
- by EJ Dickson
- Rollingstone.com
Netflix is standing by “Cuties” after being indicted by a grand jury in a Texas county district court over claims the French film promotes “lewd visual material” depicting a child.
The indictment, filed in Tyler County, Texas on September 23 and obtained by TheWrap, claims that the film “depicts the lewd exhibition of the genitals or pubic area of a clothed or partially clothed child who was younger than 18 years of age.” The charge names Ted Sarandos and Reed Hastings and argues that the critically acclaimed film has “no serious literary, artistic, political or scientific value.”
“‘Cuties’ is a social commentary against the sexualization of young children. This charge is without merit and we stand by the film,” Netflix said in a statement responding to to the lawsuit.
The Tyler County district attorney Lucas Babin said in a statement that he has watched “Cuties” and felt there was “probable cause” to...
The indictment, filed in Tyler County, Texas on September 23 and obtained by TheWrap, claims that the film “depicts the lewd exhibition of the genitals or pubic area of a clothed or partially clothed child who was younger than 18 years of age.” The charge names Ted Sarandos and Reed Hastings and argues that the critically acclaimed film has “no serious literary, artistic, political or scientific value.”
“‘Cuties’ is a social commentary against the sexualization of young children. This charge is without merit and we stand by the film,” Netflix said in a statement responding to to the lawsuit.
The Tyler County district attorney Lucas Babin said in a statement that he has watched “Cuties” and felt there was “probable cause” to...
- 10/6/2020
- by Brian Welk
- The Wrap
A Texas grand jury has indicted Netflix on a charge of disseminating lewd material by distributing the French film “Cuties.”
The grand jury in Tyler County, Texas, returned the indictment on Sept. 23 under a state law that forbids “the lewd exhibition of the genitals or pubic area of an unclothed, partially clothed, or clothed child.”
To be illegal, such material must appeal “to the prurient interest in sex” and have “no serious literary, artistic, political, or scientific value.”
Netflix defended the film in a statement: “‘Cuties’ is a social commentary against the sexualization of young children. This charge is without merit and we stand by the film.”
No arraignment date has been set.
The Tyler County district attorney is Lucas Babin, a onetime model and actor who appeared as Spider, the shirtless musician in the 2003 film “School of Rock.” He also played Rocky on “The Young and the Restless,” according to his IMDb profile.
The grand jury in Tyler County, Texas, returned the indictment on Sept. 23 under a state law that forbids “the lewd exhibition of the genitals or pubic area of an unclothed, partially clothed, or clothed child.”
To be illegal, such material must appeal “to the prurient interest in sex” and have “no serious literary, artistic, political, or scientific value.”
Netflix defended the film in a statement: “‘Cuties’ is a social commentary against the sexualization of young children. This charge is without merit and we stand by the film.”
No arraignment date has been set.
The Tyler County district attorney is Lucas Babin, a onetime model and actor who appeared as Spider, the shirtless musician in the 2003 film “School of Rock.” He also played Rocky on “The Young and the Restless,” according to his IMDb profile.
- 10/6/2020
- by Gene Maddaus
- Variety Film + TV
Socialite Paris Hilton's recent man ban appears to be over - she's been spotted romancing a Canadian ice hockey player. The hotel heiress, 25, was photographed holding hands with Colorado Avalanche goalkeeper Jose Theodore, 29, at the post-MuchMusic Video Awards party in Toronto, Canada on Sunday night. An eyewitness tells website Canada.com the couple partied at the Ultra nightspot until the early hours of the morning and "were clearly into each other." Earlier this week, Hilton claimed she was staying single so she can spend time pampering herself. Since Hilton's split from Stavros Niarchos last month, she has been romantically linked to American football player Matt Leinart and model Lucas Babin.
- 6/22/2006
- WENN
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