11-16-2023, 07:44 PM
Last spring Florida passed a law called the "Protection of Children Act" which allowed the state to issue penalties to any establishment that allowed minors to view any performance that contained content that "simulates nudity, sexual conduct or specific sexual activities" or depicts "lewd conduct." Drag shows by the simple act of men wearing female costumes and makeup fell into that category.
A Florida establishment sued based on their 1st amendment rights coupled with the vagueness of the law. The 11th Circuit stayed the law statewide. Florida appealed saying the stay should apply only to the suing establishment not the entire state to the SCOTUS. Today, they upheld the stay. Alito, Thomas, and Gorsuch sided with Florida on all grounds. Kavanaugh and Barrett sided with the majority on the application of the stay stateside. So now it is back to the state courts for a full court case and then of course the expected appeals from whichever side loses in state court
A Florida establishment sued based on their 1st amendment rights coupled with the vagueness of the law. The 11th Circuit stayed the law statewide. Florida appealed saying the stay should apply only to the suing establishment not the entire state to the SCOTUS. Today, they upheld the stay. Alito, Thomas, and Gorsuch sided with Florida on all grounds. Kavanaugh and Barrett sided with the majority on the application of the stay stateside. So now it is back to the state courts for a full court case and then of course the expected appeals from whichever side loses in state court
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