The 11th Circuit Court of Appeals upheld a ruling that declared Florida's anti-drag law unconstitutional due to its vagueness. Judge Robin S. Rosenbaum noted the law's lack of clear guidelines for what constitutes obscene performances, undermining First Amendment rights. The decision reflects concerns over past persecution of drag venues and acknowledges that the Act goes beyond existing obscenity laws. This came after challenges from establishments like Hamburger Mary's, which argued that the law targeted the LGBTQ+ community under the guise of child protection.
"Florida's SB 1438 (the 'Act') takes an 'I know it when I see it' approach to regulating expression. The Act wields a shotgun when the First Amendment allows a scalpel at most."
"Florida passed the Act presumably to solve a problem that the other statutes didn't already address. The scope of the Act's proscriptions likely extends beyond the obscenity statutes previously enforced against drag shows."
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