NACOGDOCHES, Texas (KTRE) – Netflix lawyers seek injunction in Tyler County District Attorney’s lawsuit against the 2020 film cute.
On Sunday, it was reported that a Tyler County grand jury had indicted Netflix Inc. over the film, accusing the California-based streaming service of “promoting obscene visual material depicting a child.””
According to the Tyler County document, the indictment was filed with the district clerk’s office on September 23.
The text of the indictment states that Netflix knowingly promotes “visual material that depicts the lewd exposure of the genitals or pubic area of a clothed or partially clothed child who was under the age of 18 at the time of the indictment.” creation of the visual material, which appeals to the lustful interest in sex and has no serious literary, artistic, political or scientific value…”
However, Netflix’s attorneys say the lawsuit filed by Tyler County District Attorney Lucas Babin is an attack on Netflix’s constitutional rights and therefore has no merit.
“As Babin well knows, Cuties does not violate any law: it contains nothing obscene, it contains no scenes of children engaging in ‘sexual conduct’, it contains no ‘obscene depictions of minors’. Indeed, other Texas prosecutors have not only refused to support his misguided indictment(s), they have also admitted that Cuties is not a criminal but has “political, literary and artistic seriousness,” the filing reads. “But this one prosecutor — of all prosecutors in America — has indicted Netflix not once but five times. Each indictment violates the United States Constitution and comes in retaliation against Netflix’s exercise of its First Amendment free speech rights and seek redress from the government. Enough is enough.”
According to a synopsis on Netflix’s website, cute was released in 2020, and it is rated “TV-MA”.
“Eleven-year-old Amy begins to rebel against the traditions of her conservative family when she becomes enthralled with a free-spirited dance crew,” the Netflix synopsis reads. The filing further describes the film as “a coming-of-age narrative and social commentary on the negative influence of social media and the hypersexualization of young girls.”
The filing further describes Babin’s prosecution as “retaliatory.”
“Babin claims to have watched Cuties. He therefore knows the character and content of the film. As Tyler County’s senior criminal attorney, Babin must therefore know that he has no legal or factual basis for any of his five indictments. And Babin all but admitted that he filed his newly filed indictments in retaliation for Netflix exercising its statutory and constitutional right to challenge the original indictment through a writ of habeas. corpus before the trial. Babin’s conduct makes it clear that there will be no end to Babin’s abuse of his prosecutorial power without the intervention of this court. Netflix therefore files this lawsuit under 42 USC § 1983 and seeks a temporary restraining order and a preliminary and permanent injunction to end Babin’s illegal and unconstitutional campaign,” the filing states.
A hearing regarding this injunction filing has not yet been scheduled.
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