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Florida Law Banning Kids at Drag Shows Is Constitutional, Appeals Court Says

The full court said Florida can again enforce the law statewide after three years of litigation, and the venue had argued it violated First Amendment rights.

  • On Tuesday, the U.S. Court of Appeals for the 11th Circuit upheld Florida's Protection of Children Act in an 8-5 ruling, allowing the state to restrict minors from attending "adult live performances" deemed harmful.
  • The 2023 legislation prompted legal challenges from Hamburger Mary's, an Orlando restaurant, which argued the measure was unconstitutionally vague and infringed upon First Amendment rights by chilling protected speech.
  • By lifting a preliminary injunction, the appeals court allows the state to enforce the law statewide, with Circuit Judge Andrew Brasher writing that the Act is "rationally related to Florida's interest."
  • Dissenting from the majority, Circuit Judge Robin Rosenbaum criticized the ruling for embracing "mess-around-and-find-out" jurisprudence, arguing the law's vague language forces citizens to guess whether their speech is prohibited.
  • Governor Ron DeSantis and Florida Attorney General James Uthmeier praised the victory, with DeSantis stating the law "shouldn't even be controversial," though plaintiffs may still appeal to the Supreme Court.
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The Daily Wire broke the news in Nashville, United States on Tuesday, August 4, 2026.
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