HuffPo: “A ban on minors attending family-friendly drag shows in Florida was halted by the U.S. Court of Appeals for the 11th Circuit on Tuesday after judges ruled 2-1 that it violated the First Amendment.
The ruling marks a major victory for Hamburger Mary’s of Orlando, a restaurant in the Sunshine State that offers food and entertainment, including drag performances — and specifically family-friendly drag shows on Sundays — to its patrons….
Judge Robin Rosenbaum said Florida lawmakers had essentially applied a non-legal, “non-definition” of obscenity made popular by Supreme Court Justice Potter Stewart in 1964. Potter famously said his threshold to test obscenity was simply that he would “know it when I see it.”
“Many know Justice Stewart’s quip. But it’s not, in fact, the law,” Rosenbaum wrote Tuesday, adding that SB 1438’s approach to regulating expression “wields a shotgun when the First Amendment allows a scalpel at most.”
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