Bad Faith Prosecution: 5th Circuit Skewers D.A. in Netflix Child Porn Case

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 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.

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