An order from a federal judge means Florida officials can no longer enforce a ban on venues that host drag shows in places where children may be present.
on the basis that a select number of people might find a performance to be obscene, offensive or otherwise unsuitable for children. Rather, Presnell reminded the state that current laws on obscenity still allow officials to “protect children from any constitutionally unprotected obscene exhibitions or shows.”
The law in question, which barred minors from being able to attend drag shows with supposedly “lewd” performances, was written so broadly thatThe judge has also acknowledged that the state’s arguments for why the law needs to be enforced are inconsistent with how other state laws are enforced.
Hamburger Mary’s “is not the only party suffering injury as a result of the passage of the Act; it has a chilling effect on all members of society who fall within its reach,”, adding in no uncertain terms that, “the balance of harms weighs heavily in favor of protecting Floridians from this unconstitutional statute.”
“Protecting the right to freedom of speech is the epitome of acting in the public interest,” Presnell concluded in his order broadening the injunction. “It is no accident that this freedom is enshrined in theAmendment. This injunction protects [Hamburger Mary’s] interests, but because the statute is facially unconstitutional, the injunction necessarily must extend to protect all Floridians.
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