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Bad Faith Prosecution: 5th Circuit Skewers DA in Netflix Chi...

The U.S. Court of Appeals for the Fifth Circuit affirmed a "bad faith" and prosecutorial harassment ruling against the Tyler County district attorney for his criminal prosecution of Netflix Inc. for allegedly streaming child pornography. The three judge panel's 28-page opinion delivered by Circuit Judge Don Willett in Netflix Inc. v. Lucas Babin upheld a preliminary injunction that stopped the district attorney from proceeding with four criminal indictments connected to the streaming of Cuties, A French film about a Senegalese-French girl with a traditional Muslim upbringing that pursues modern dance. The criminal case in state district court eventually resulted in a parallel case in federal court that has since attracted, on appeal, friend of the court briefs from 25 organizations that advocate for First Amendment rights.

Entertainment, Sports & Media

December 19, 2023, 3:45 PM

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