A federal appeals court has upheld a Florida law designed to prevent children from attending certain adult live performances, marking a significant legal victory for the state after more than three years of litigation.
According to the Florida Phoenix, the full U.S. Court of Appeals for the 11th Circuit ruled 8-5 that Florida’s “Protection of Children Act” is constitutional, reversing an earlier preliminary injunction that had prevented the law from taking effect.
The legislation, passed by the Florida Legislature in 2023 and supported by Gov. Ron DeSantis, authorizes penalties against venues that expose minors to performances deemed “lewd” or legally obscene for children. The law allows for fines, loss of operating licenses, and criminal penalties, even if a child’s parent or guardian has given permission for the child to attend.
Writing for the majority, Judge Andrew Brasher concluded that the law serves a legitimate state interest in protecting minors.
“The act is a straightforward regulation of obscenity,” Brasher wrote. “Preventing children from attending adult live performances obscene for them is rationally related to Florida’s interest in safeguarding the well-being of minors.”
Following the ruling, Gov. DeSantis welcomed the decision, writing on X, “this shouldn’t even be controversial, yet our law protecting kids required to fend off lawsuits and win a case before a divided appellate court,” according to the Florida Phoenix.
The lawsuit challenging the law was originally filed by Hamburger Mary’s, a restaurant chain known for hosting drag performances. According to the Florida Phoenix, the company’s Orlando location had previously offered “family friendly” drag shows that permitted children to attend. The restaurant argued that the law violated First Amendment protections and was too vague to be constitutionally enforced.
Several judges on the appellate court strongly disagreed with the majority’s decision.
Judge Robin Rosenbaum, writing a lengthy dissent, argued that the law threatens constitutionally protected speech by creating uncertainty about what performances could result in prosecution. She criticized what she described as “mess-around-and-find-out (“MAFO”) First Amendment jurisprudence.”
“Under this form of jurisprudence, a citizen can learn whether a law prohibits their speech only by taking a wild guess, presenting their speech, and then seeing if they get arrested and face imprisonment, thousands of dollars in fines, and loss of their business license,” Rosenbaum wrote, according to the Florida Phoenix.
Judge Nancy Abudu also dissented, arguing that legislative history demonstrated what she described as “anti-drag motivations” behind the law’s passage. According to the Florida Phoenix, Abudu further contended that legislative staff had warned the measure’s broad language could encourage lawful venues to cancel performances out of fear of prosecution, creating a chilling effect on protected expression.
The case has followed a lengthy legal path since the law’s passage in 2023. A federal district judge initially blocked enforcement of the statute, and a three-judge panel of the 11th Circuit later affirmed that injunction. The U.S. Supreme Court declined to reinstate the law while the case proceeded, leaving the injunction in place during the appeal.
After rehearing the case with all active judges participating, the full 11th Circuit reached a different conclusion.
“After additional briefing and with the benefit of oral argument, we are convinced the district court erred in preliminarily enjoining the enforcement of the Act,” the majority wrote, according to the Florida Phoenix.
The decision represents one of the most significant appellate rulings to date concerning state efforts to regulate children’s access to sexually explicit or adult-themed live performances. It also highlights the continuing legal debate between protecting children from inappropriate material and safeguarding First Amendment freedoms—a question that is likely to remain the subject of public and judicial scrutiny.
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