Netflix's decision to release of "Cuties" prompted a swirl of controversy. It also led to litigation. Specifically, some prosectors filed suit against Netflix alleging the film constituted child pornography. Last year, a federal court in Texas enjoined prosecution of Netflix, noting that the film was almost certainly protected by the First Amendment, but the efforts to score culture war points in court continued, leading ultimately to the U.S. Court of Appeals for the Fifth Circuit.
On December 18, the Fifth Circuit rejected the prosecutor's appeal of the distrcit court's injunction in Netflix v. Babin. Among other things, he sought refuge under Younger abstention (a favorite of FedCourts students everywhere) to claim the federal courts should stay their hand, but to no avail.
Here's Judge WIllett's summary of the decision:
