Federal Appeals Court Affirms Florida Ban on Minors at Drag Performances
The 11th U.S. Circuit Court of Appeals upheld Florida’s law that prohibits children from attending sexually explicit live shows, including drag performances.
The U.S. Court of Appeals for the 11th Circuit voted 8-5 to sustain Florida’s 2023 Protection of Children Act, which criminalizes allowing minors to attend live performances with nudity, sexual content, or simulated genitals and breasts. The law was contested by the restaurant Hamburger Mary's, which claimed the ban unlawfully barred children from its drag shows. The appellate court rejected the district court’s finding of unconstitutionality and also overturned a prior three-judge panel decision that had struck down the statute.
Majority Judge Andrew Brasher applied rational-basis scrutiny, concluding the law is a permissible regulation of obscenity for minors. Judges Britt Grant and Kevin Newsom concurred, while Judges Robin Rosenbaum and others dissented, warning that the statute is vague and chills protected speech. Florida Attorney General James Uthmeier and Governor Ron DeSantis praised the ruling, noting it ends years of litigation, though the restaurant may still seek Supreme Court review.
Why it matters
The decision determines whether states can restrict minors’ access to adult-oriented performances, impacting free-speech and child-protection laws.
How the sides frame it
MODERATE AGREEMENTBoth camps report the 8-5 appellate ruling upholding Florida’s ban on minors at drag shows, but right-leaning coverage repeatedly frames the decision as a victory for the DeSantis-backed law and emphasizes protection of children, while centrist coverage presents the ruling in neutral legal terms without political coloring.
CENTER
Centrist coverage neutrally reports the appellate court’s revival of the ban, quoting the majority’s justification that the state is protecting minors and avoiding judicial “second-guessing” of the legislature.
RIGHT
Right-leaning coverage frames the ruling as a validation of the DeSantis-backed law, highlighting its role in restricting “obscene” performances and clearing the way for enforcement.
The right emphasises
- the law is described as "DeSantis-backed" and aimed at "sexually explicit live performances"
- the ruling "clears the way for enforcement" of the Protection of Children Act
- the law is characterized as criminalizing minors’ attendance at performances with nudity, sexual content, or simulated genitals and breasts
In this story