In a recent decision, the Supreme Court has opted not to revive a Florida law prohibiting children from attending “adult live performances,” particularly drag shows. The law, signed by Governor Ron DeSantis in May, faced a constitutional challenge, arguing it violated the First Amendment.
The court’s order provided no explicit reasons, following the standard approach for emergency applications, allowing the ongoing First Amendment challenge against the law to proceed in lower courts. Justices Clarence Thomas, Samuel A. Alito Jr., and Neil M. Gorsuch dissented, while Justice Brett M. Kavanaugh, joined by Justice Amy Coney Barrett, clarified that the order didn’t express a view on the law’s constitutionality.
Florida’s law, passed by the Republican-controlled Legislature in April, aimed to ban “lewd conduct” without “serious literary, artistic, political, or scientific value for the age of the child” in live performances. Violations could result in fines and the suspension or revocation of operating and liquor licenses for businesses admitting children to such shows.
Hamburger Mary’s, an Orlando restaurant featuring drag shows, challenged the law, asserting a violation of the First Amendment. The lawsuit argued that the law’s ambiguous language, particularly the terms “lewd” and “child,” left establishments uncertain about its scope.
Judge Gregory A. Presnell of the Federal District Court in Orlando issued a preliminary injunction blocking the law throughout the state, describing it as “specifically designed to suppress the speech of drag queen performers.” He found the law vague and overbroad, noting its potential chilling effect on free speech.
The Supreme Court’s decision not to intervene allows the lower court’s First Amendment challenge to proceed, maintaining the injunction against the law’s enforcement. The case highlights the ongoing debate over the breadth of injunctions, with Justice Kavanaugh acknowledging the potential need to review such issues in the future.
COMMENTS