Federal court backs Florida anti-drag show law

STATE

Federal appeals court OKs Florida anti-drag show law<br>Stephany MatatUSA TODAY NETWORK - Florida

Aug. 4, 2026Updated Aug. 5, 2026, 2:29 p.m. ET

A federal appeals court ruled that Florida's law restricting children from attending "sexually explicit" drag shows does not violate the First Amendment.<br>The court lifted a preliminary injunction that had blocked the law's enforcement, sending the case back to a lower court.<br>The lawsuit was originally filed by Hamburger Mary’s restaurant in Orlando, which argued the law was vague and infringed on free speech.<br>Florida's law meant to prevent children from attending "sexually explicit" drag shows doesn't violate the First Amendment, according to a majority of federal appellate judges who weighed in on the contentious measure.<br>The case now heads back to a trial court in Orlando; the appeals court struck down what's called a preliminary injunction that prevents enforcement of the law while the case is pending, saying that the plaintiff, the Hamburger Mary’s restaurant of Orlando, "failed to establish a substantial likelihood" that it would ultimately win its case.<br>On Aug. 4, an 8-5 majority in the 11th U.S. Circuit Court of Appeals agreed that the state law was constitutional; critics had warned its enforcement imperiled the free expression of LGBTQ+ and drag communities.

The crux of the argument is whether the law violated the First Amendment by threatening the free speech rights of patrons and of venues who wish to host drag performances. Hamburger Mary’s further argued that the law was vague on what performances were prohibited.

Although the law does not name drag shows, critics have widely viewed it as a law meant to combat drag – a recognized art form that's roughly defined as "dressing up as the opposite sex," but also has a history of political commentary and activism.<br>"In any event, the Act is consistent with a legislative intent to target drag shows that are obscene for children, not drag shows writ large," wrote Circuit Judge Andrew Brasher, a Trump-appointed judge who authored the majority's opinion.

Has Florida banned drag shows? What happened with the law, what's nextThe opinion comes after oral arguments in June, and months after the federal appeals court struck down the lower court order which suspended enforcement of the law in question for years. On Dec. 1, the court said, without reasoning, that it would take up arguments on the constitutionality of the state law.<br>Some judges who sided with the majority still noted arguments they disagreed with, and the dissenting judges wrote scathing opinions as to why the court's order was contrary to constitutional principles.<br>Circuit Judge Robin Rosenbaum said her colleagues were embracing "mess-around-and-find-out ('MAFO') First Amendment jurisprudence." She added that the state intentionally created this statute to "chill drag" and that the vague language "serves as an especially pernicious club to silence political speech."

"Under this form of jurisprudence, a citizen can learn whether a law prohibits their speech only by taking a wild guess, presenting their speech, and then seeing if they get arrested and face imprisonment, thousands of dollars in fines, and loss of their business license," wrote Rosenbaum, who was appointed by former President Barack Obama.<br>Florida gets green light to enforce anti-drag show law Appeals court sides with Hamburger Mary's against Florida's 'drag show' law Florida drag show law sparks nationwide free expression debate What is drag? Did Florida ban drag shows?

James Uthmeier, Florida's attorney general, promptly celebrated the state's victory on X, saying that "after 3 years of litigation, the full court affirmed the constitutionality of Florida’s ban on children attending sexualized drag shows."<br>Melissa Stewart, who represents Hamburger Mary’s of Orlando, said in a statement that the court "held that the State may target speech it dislikes and strip parents of their right to determine what is appropriate for their own children."<br>"We believe that the First Amendment’s protections are more robust than that," Stewart said. "This litigation is not over, and we will continue fighting to protect free speech in the state of Florida."<br>The law, approved by Gov. Ron DeSantis in 2023, blocked venues from admitting children to "adult live performances."<br>It defined these performances to include live shows, exhibitions or presentations that "depict or simulate nudity, sexual conduct, sexual excitement, specific sexual activities, … lewd conduct, or the lewd exposure of prosthetic or imitation genitals or breasts."

View in new tabThis reporting content is supported by a partnership with Freedom Forum and Journalism Funding Partners. USA Today Network-Florida First Amendment reporter Stephany Matat is based in Tallahassee, Fla. She can be reached at SMatat@usatodayco.com. On X: @stephanymatat.

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