Florida Wins: Federal Court Rules States Can Protect Kids From Sexually Explicit Performances

A federal appellate court has delivered a decisive victory for child protection. The U.S. Court of Appeals for the Eleventh Circuit ruled 8-5 Tuesday that Florida’s Protection of Children Act, which prohibits businesses from admitting children to sexually explicit performances like drag shows, does not violate the First or Fourteenth Amendments of the U.S. Constitution.

The case, HM Florida-ORL, LLC v. Governor, was brought by Hamburger Mary’s, a bar and restaurant chain that had previously hosted what it called “family-friendly” drag performances open to children on Sundays. The chain sued Florida in 2023, days after the law was enacted, and initially won an injunction from Senior District Judge Gregory Presnell blocking statewide enforcement. A three-judge panel upheld that injunction in May 2025. But the full court vacated that decision and reheard the case en banc in June 2026, ultimately reversing the lower court’s injunction.

Judge Andrew Brasher, appointed by President Donald Trump, delivered the majority opinion, joined by six other judges. His reasoning was straightforward: “The Act is a straightforward regulation of obscenity. Preventing children from attending adult live performances obscene for them is rationally related to Florida’s interest in safeguarding the well-being of minors.”

Brasher emphasized that the Constitution protects speech but not obscenity. “The First Amendment has never been treated as absolute,” he wrote, explaining that obscenity is “one such class of unprotected speech.” He concluded, “It is difficult to imagine any sex-based performance that predominantly appeals to a prurient interest being suitable for a child of any age.”

Two additional Trump appointees, Judges Britt Grant and Kevin Newsom, joined most of the majority opinion, though they declined to address the scope of universal injunctions.

All five dissenting judges were appointed by Democratic presidents. They derided the law as a “Titanic-sized iceberg of chilling power against protected speech” and called it “unconstitutionally vague.”

Florida Attorney General James Uthmeier hailed the ruling as a “huge victory.” “After 3 years of litigation, the full court affirmed the constitutionality of Florida’s ban on children attending sexualized drag shows,” he stated.

Liberty Counsel founder Mat Staver called the decision a vindication of child protection principles. “The ruling reinforces the longstanding principles that children should be protected from obscenity. Exposing children to lewd adult performances is not protected by the First Amendment, and Florida’s Protection of Children Act rightfully shields children from that obscenity.”

LGBT advocacy group Equality Florida responded defiantly on Facebook, claiming the law is “just as constitutionally flawed today as it was last week” and vowing to “fight against censorship.” The group insisted “drag is still not banned in Florida” and encouraged supporters to “tip your drag performers generously.”

Florida becomes the fifth state to actively bar minors from adult live performances, joining Arkansas, North Dakota, Tennessee, and Texas.

Common sense has prevailed. Eight judges—including those appointed by both Republican and Democratic presidents—agreed that protecting children from sexually explicit content is constitutional. Five judges, all appointed by Democrats, disagreed. The fight continues, but Florida’s children are safer today.

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