A ruling from an appeals court on Wednesday has upheld an injunction on a Florida law that bans drag shows in the state, temporarily preventing officials from enforcing the statute.
A three-judge panel on the 11th Circuit Court of Appeals considered but ultimately rejected arguments from the state that sought to make the law enforceable while the appeals process played out, as a district court found this past summer that the statute, which bans drag shows in Florida at venues where children could be present, was overbroad and unconstitutional.
A 2-1 decision from a panel of the 11th Circuit Court found that the injunction was justified. “The potential harms from reversing the injunction outweigh those of leaving it in place by mistake. … There is a potential for extraordinary harm and a serious chill upon protected speech,” they wrote in their ruling.
Meanwhile, potential harms against the state in allowing the injunction to remain were minimal, the judges noted, as there are no pending cases relating to the statute and the government “can enforce obscenity laws already on the books.”
A dissenting judge in the case said that he would have allowed the injunction to be lifted, ordering it to apply to a single restaurant that sued the state but not to the rest of Florida.
Legal observers were somewhat surprised by the ruling, as the 11th Circuit frequently rules to uphold anti-LGBTQ legislation. The appeals court has, for example, upheld state bans on gender-affirming care for trans youth as well as discriminatory bathroom legislation.
The state could appeal the ruling again, if it wishes to do so, either in an en banc case that would seek the opinion of all judges on the 11th Circuit Court of Appeals, or directly to the U.S. Supreme Court.
Arguments that the law has a chilling effect on free speech are compelling, as several event organizers in the state have canceled their programs (including a number of Pride parades) out of fear that the law, which was passed earlier this year, would be enforced against them.
In May, Hamburger Mary’s, an Orlando restaurant that features weekly family-friendly drag performances, sued the state over the law. U.S. District Judge Gregory Presnell ruled in favor of the restaurant in June, and in July Presnell extended his order to block enforcement of the statute throughout the whole state.
“The balance of harms weighs heavily in favor of protecting Floridians from this unconstitutional statute,” Presnell said in that ruling.
Help us Prepare for Trump’s Day One
Trump is busy getting ready for Day One of his presidency – but so is Truthout.
Trump has made it no secret that he is planning a demolition-style attack on both specific communities and democracy as a whole, beginning on his first day in office. With over 25 executive orders and directives queued up for January 20, he’s promised to “launch the largest deportation program in American history,” roll back anti-discrimination protections for transgender students, and implement a “drill, drill, drill” approach to ramp up oil and gas extraction.
Organizations like Truthout are also being threatened by legislation like HR 9495, the “nonprofit killer bill” that would allow the Treasury Secretary to declare any nonprofit a “terrorist-supporting organization” and strip its tax-exempt status without due process. Progressive media like Truthout that has courageously focused on reporting on Israel’s genocide in Gaza are in the bill’s crosshairs.
As journalists, we have a responsibility to look at hard realities and communicate them to you. We hope that you, like us, can use this information to prepare for what’s to come.
And if you feel uncertain about what to do in the face of a second Trump administration, we invite you to be an indispensable part of Truthout’s preparations.
In addition to covering the widespread onslaught of draconian policy, we’re shoring up our resources for what might come next for progressive media: bad-faith lawsuits from far-right ghouls, legislation that seeks to strip us of our ability to receive tax-deductible donations, and further throttling of our reach on social media platforms owned by Trump’s sycophants.
We’re preparing right now for Trump’s Day One: building a brave coalition of movement media; reaching out to the activists, academics, and thinkers we trust to shine a light on the inner workings of authoritarianism; and planning to use journalism as a tool to equip movements to protect the people, lands, and principles most vulnerable to Trump’s destruction.
We’re asking all of our readers to start a monthly donation or make a one-time donation – as a commitment to stand with us on day one of Trump’s presidency, and every day after that, as we produce journalism that combats authoritarianism, censorship, injustice, and misinformation. You’re an essential part of our future – please join the movement by making a tax-deductible donation today.
If you have the means to make a substantial gift, please dig deep during this critical time!
With gratitude and resolve,
Maya, Negin, Saima, and Ziggy