11th Circuit Upholds Injunction Blocking Florida Drag Show Law

A federal appeals court panel in the 11th Circuit upheld a preliminary injunction blocking a 2023 Florida law that sought to prevent children from attending drag shows, ruling the law substantially overbroad and likely unconstitutional. The majority opinion criticized the law’s vague standards, stating it used a 'shotgun' approach when the First Amendment requires precision and clarity, especially in labeling speech as 'obscene.' The case originated when Hamburger Mary’s, a Central Florida venue known for family-friendly drag shows, challenged the law as a violation of free speech rights. The court emphasized that vague speech regulations empower arbitrary enforcement, undermining constitutional protections. However, a dissenting judge argued that the majority overbroadly interpreted the statute and should have sought guidance from the Florida Supreme Court before striking down the law. The decision marks another setback for Florida's efforts to regulate drag performances involving minors on First Amendment grounds.