U.S. Supreme Court Blocks Florida Law that Protects Children from Sexually Explicit Drag Shows
The U.S. Supreme Court recently halted Florida’s “Protection of Children Act,” a law designed to prevent children from attending sexually explicit live performances, including drag shows.
This ruling, coming after a federal district court sided with an Orlando drag bar, Hamburger Mary’s, marks a significant setback in efforts to safeguard minors from potentially harmful content.
SB 1438, signed by Governor Ron DeSantis, criminalizes allowing children to witness sexually explicit live performances.
The state’s Protection of Children Act will fine or revoke the licenses of venues that “knowingly” admit children to “adult live performances.”
The law defines “adult live performances” as “any show, exhibition, or other presentation in front of a live audience which, in whole or in part, depicts or simulates nudity, sexual conduct, sexual excitement, or specific sexual activities … lewd conduct, or the lewd exposure of prosthetic or imitation genitals or breasts.”
Orlando drag eatery Hamburger Mary’s immediately challenge the law after it was passed. The establishment argued that the measure infringed upon First Amendment rights, a contention that was initially upheld by a federal district court which ruled that the law likely violated constitutional protections of free speech.
The restaurant holds drag brunches and claims that the law is hurting their business. They argue that the decision on whether a performance is fitting for the underage audience should reside with the parents or guardians, not the state.
In October, the state asked the Supreme Court that the injunction only apply to Hamburger Mary’s while the case continues.
According to a report from Tampa Free Press, Florida Department of Business and Professional Regulation Secretary Melanie Griffin has sent an emergency application to Justice Clarence Thomas requesting that the law be reinstated while the lawsuit in the state plays out.
“Florida is now unable to enforce its statue at all, to the detriment of Florida’s children and the State’s sovereign prerogative to protect them from harm,” Moody argued.
“Hamburger Mary’s has not alleged, much less proven, that application of the Protection of Children Act to others in the State of Florida will cause actual or imminent injury to Hamburger Mary’s itself. It was a serious error for the district court nonetheless to enjoin the statute as it may apply to the rest of the world,” the state’s court filings say.
Justice Thomas could act on the request alone or refer it to the full court for consideration, according to a report from The Hill.
On Thursday, Florida’s request to the Supreme Court to limit the lower court’s injunction solely to Hamburger Mary’s was rejected in a 6-to-3 vote, with Justices Thomas, Alito, and Gorsuch dissenting. Justices Kavanaugh and Barrett clarified that Florida’s failure to raise the First Amendment issue in the case means the court’s decision does not reflect a stance on whether the law breaches First Amendment rights.
https://www.thegatewaypundit.com/2023/11/u-s-supreme-court-blocks-florida-law-that/