Fifth Circuit: Machete Productions, L.L.C. v. Heather Page, et al

S1983 - State film incentives program / First Amendment

Although removal from state to federal forum operated as a voluntary waiver of sovereign immunity, monetary damages against a state don't lie under S1983, and as the film franchise has no plans for another project, there is no basis for injunctive relief.

Qualified immunity - by requiring films to depict the state in a positive manner in order to qualify for funding, the state violated no clearly established constitutional law.

No due process violation, as the filmmaker did not have a right to the discretionary grants.

No prior restraint of speech under the Texas Constitution.

http://www.ca5.uscourts.gov/opinions/pub/15/15-50120-CV0.pdf