Will Texas Grand Jury Indictment Against Netflix Survive First Amendment Law?

A Tyler County grand jury has issued a felony indictment against Netflix for the promotion of the movie “Cuties” in its county. The movie, which has received criticism from some lawmakers for exploiting young girls, follows an 11-year-old immigrant girl as she joins a dance group called the “Cuties.”

U.S. Rep. Brian Babin (R-Texas) has called the movie child pornography. He is the father of Tyler County District Attorney Lucas Babin. The indictment charges Netflix with the promotion of “lewd visual material.”

Dallas criminal defense attorney Mike Howard believes the indictment is ridiculous.

“This indictment seems like a political ploy. Prosecutors will have a tough time getting a conviction, and if there is a conviction, Netflix has the resources to fight this all the way to the Supreme Court, where I don’t see this standing based on First Amendment law and basic principles of constitutional law.”

For more information or to interview Mike Howard, please contact Sophia Reza at 800-559-4534 or sophia@androvett.com.

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