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In a ruling certain to disappoint those who want to film B-grade action movies in Texas on the cheap, the U.S. Court of Appeals for the Fifth Circuit decided that the producers of Machete Kills don't have a First Amendment right to an incentive grant from the Texas Film Commission. Machete Productions v. Page, 15-50120.
Machete Kills is the sequel to Machete, an over-the-top action movie by Texas filmmaker Robert Rodriguez about the exploits of a renegade ex-Mexican Federal assassin portrayed by actor Danny Trejo. Machete Productions, the film company that produced Machete Kills, sought a grant under the state's Moving Image Industry Incentive Program from the Texas Film Commission, whose aim is to lure filmmakers to the Lone Star State to boost both jobs and tourism.
In 2009, producers of the original Machete film had tried to get a grant from the commission, but were denied after a political controversy broke out over their application. The commission denied the grant due to the film's “inappropriate content” that allegedly portrays “Texas or Texans in a negative fashion.” (In Machete, the protagonist is offered $150,000 to kill a corrupt Texas state senator, among other plot points.)
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