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 © 2026 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

German High Court Puts Pornhub, YouPorn 'Network Ban' on Hold

A German high court on Friday temporarily barred a state media regulator from ordering internet providers to cut off access to Aylo-owned adult sites Pornhub and YouPorn in Germany, pending further action by Cypriot and European Union authorities.

Luxembourg Media Regulator Fines LiveJasmin for AV Noncompliance

The Luxembourg Independent Audiovisual Authority (ALIA) has levied a fine of 25,000 euros (approximately $28,000) against webcam platform LiveJasmin for failing to comply with provisions of the country’s Electronic Media Law.

AdultHTML Introduces Subscription Option for Website Owners

AdultHTML has added a subscription option for its web development service, allowing site owners to pay a monthly fee for access to developers and tools.

French Parliament Rejects Ban on Purchase of 'Remote' Sexual Services

The French National Assembly has backed off from a proposal to criminalize the purchase, and/or facilitation by online platforms, of sexual services performed remotely by streamers and custom content creators.

2027 XBIZ Exec Awards Pre-Nominations Period Opens

XBIZ is pleased to announce that the pre-nomination period for the 2027 XBIZ Exec Awards, the adult industry’s preeminent career honors, begins Wednesday and runs through Oct. 14.

Takedown Piracy Reports Infiltration, Monitoring of Mega.nz

Takedown Piracy has reported that it successfully infiltrated Mega.nz folders and identified and removed nearly two million instances of stolen content.

Pornhub Unblocks Australia Users on iOS Devices, Citing Apple AV Effectiveness

Pornhub parent company Aylo on Tuesday announced that users in Australia will once again be able to access the popular site if they are using Apple devices and have confirmed their age through Apple’s Australian age-verification process.

California Governor Signs Bill Limiting CIPA Claims

Governor Gavin Newsom has signed into law a bill to narrow the scope of the California Invasion of Privacy Act (CIPA), to prevent abusive lawsuits targeting online businesses, including adult websites.

California Enacts Stricter UGC Rules for Adult Sites

Governor Gavin Newsom has signed into law a bill to impose tighter compliance standards for user-generated content (UGC) on adult websites accessible in California.

Minister: UK Aims to Begin Enforcing 'Choking' Ban Before Year's End

The U.K. will soon begin enforcement of a new law criminalizing depictions of “non-fatal strangulation” in adult content, according to a Ministry of Justice official.

Show More