Appeals Court Rules Florida’s Anti-Drag Law Doesn’t Violate 1st Amendment

An 8-5 majority in the 11th U.S. Circuit Court of Appeals has ruled that Florida’s law restricting children from attending “sexually explicit” drag shows does not violate the First Amendment.

The lawsuit was originally filed by Hamburger Mary’s restaurant in Orlando, which hosts entertainment like “Broadway Brunch,” “Dining with the Divas” drag shows, and Drag Queen Bingo.

The eaterie argued the law was vague and infringed on free speech. The crux of the matter – who gets to decide what is or isn’t “sexually explicit?”

Although the law does not name drag shows, it is clearly 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.

Critics of the law say parents – and not the state – should decide what performances families should attend.

In it’s decision, the appeals court ruled that the plaintiff “failed to establish a substantial likelihood” that it would ultimately win its case.

🚨 The Eleventh Circuit, sitting en banc, has upheld Florida’s law restricting minors from attending certain adult live performances, ruling Hamburger Mary’s is unlikely to succeed in its First Amendment challenge. pic.twitter.com/hIm29Or1b0

— SCOTUS Wire (@scotus_wire) August 4, 2026

The court’s decision lifts a preliminary injunction that had blocked the law’s enforcement while the case is pending. The lawsuit now goes back to a lower court.

Circuit Judge Robin Rosenbaum, who penned the dissenting opinion, said her colleagues were embracing “mess-around-and-find-out (‘MAFO’) First Amendment jurisprudence.”

“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 in her dissent.

She also added that the legislation was clearly created to “chill drag.”

What happens next – does someone bring charges against a drag queen who hosts an afternoon Pride event? Bet on it.

Hamburger Mary’s, a restaurant known for hosting drag shows, sued after Florida enacted the law, arguing it was so vague and overbroad that it chilled protected speech. A federal judge blocked enforcement statewide before today’s Eleventh Circuit ruling.

— SCOTUS Wire (@scotus_wire) August 4, 2026