A full 11th Circuit en banc upheld Florida's Protection of Children Act of 2023, affirming that it is a valid regulation of obscenity intended to keep minors away from live performances featuring nudity, sexual content, or explicit depictions, including drag shows.

Hamburger Mary’s Orlando contended the law is vague and infringes on First Amendment rights, arguing the state cannot target speech it dislikes while parents decide what is appropriate for their children.

The act makes it a misdemeanor to knowingly admit a child to certain adult live performances deemed harmful to minors, and Hamburger Mary’s Orlando challenged it as overly broad and infringing on constitutional rights.

The decision signals broad political and legal support for the law, while plaintiffs may pursue further avenues as appellate rulings allow.

The injunction blocking statewide enforcement was lifted, but the constitutional challenge continues, meaning enforcement could resume while the case proceeds.

The court vacated a statewide preliminary injunction and rejected arguments that the law was vague or overly broad, allowing state enforcement to proceed during the litigation.

Florida Solicitor General Dave Dewhirst argued the case for the state, earning acknowledgment from the court's side for the representation.

Attorney General James Uthmeier publicly celebrated the ruling on social media, underscoring the state’s defense of the measure.

Circuit Judge Britt Grant wrote a concurring opinion noting the majority did not need to address whether the district court exceeded its power in issuing a universal injunction.

Four judges dissented, warning that the law remains vague and could chill constitutionally protected expression or allow uneven enforcement.

The ruling is presented as a major constitutional defense of Florida’s law, with no further appeal details provided by the attorney general’s office at the time.

Hamburger Mary’s spokesperson said the litigation will continue, with plans to challenge the decision further to protect free speech.