11th Circuit shuts down Florida’s ban on vague obscene “live performances”.
In 2023, Florida enacted Senate Bill 1438, known also as the Protection of Children Act. The Act makes it a misdemeanor to “knowingly admit a child to an adult live performance.” An “adult live performance” is any show, exhibition, or other presentation in front of a live audience which, in whole or in part, depicts or simulates nudity, sexual conduct, sexual excitement, or specific sexual activities as those terms are defined in s. 847.001, lewd conduct, or the lewd expo-sure of prosthetic or imitation genitals or breasts when it:
1. Predominantly appeals to a prurient, shameful, or morbid interest;
2. Is patently offensive to prevailing standards in the adult community of this state as a whole with respect to what is suitable material or conduct for the age of the child present; and
3. Taken as a whole, is without serious literary, artis-tic, political, or scientific value for the age of the child present.
The Act was more famously known to go after “drag shows” and the famously touted (by Governor Ron DeSantis) “Drag Queen Story Time.”
Well the 11th Circuit Court of Appeals handed the prurient State with an unusual obsession with drag performances a loss this week, when it affirmed “Hamburger Mary’s” a restaurant that sued the State over the law, as being void for vagueness, overbroad, and content-based speech regulation, trial court win!
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This law to protect children is good.
TV even has viewer discretion advised warnings as much of the content can and may not be suitable for children. Guys I’m just telling the truth. If people want to watch porn that is their choice. Course a lot of this is about ethics.
None of you are victims. The ONLY victims are the ones who you did horrible things to and ruined their lives. What cause? You have no cause.
When I was 25 years old in 1997, I had a one week consensual relationship with a 17-year old. I pled guilty to what I had done (F.S. 794.05(1), Unlawful Sexual Activity with a 16/17 year-old) and accepted full responsibility. No one, not even the prosecutor, argued that I ruined anyone’s life. I am now 53 years old and have never been arrested for anything before or since.
Do I deserve to be punished without end, with new laws passed to further restrict my life and my freedom, when my probation ended (terminated early, by the way, at the request of the probation department) almost two decades ago? I have never claimed to be a victim, but do you believe that punishment without end is appropriate in my case?
Yes. Si si si! Because this is not the full story. Perps never tell the true story. Bravo bravo bravmisimo to the lawmakers who will always keep the public and scared residents in the loop! Registry forever and ever!! 👏🏽👏🏽🙏🏽🙏🏽
Okay, whatever dude.
Go to bed dad. It’s so embarrassing when he gets on the internet.
😆 lol
Your case is a one-time issue and should be automatically removed from your criminal record at 10 years.
Yet here you are participating in and taking the time to be part of the cause. Thank you.
Welcome
@Botticelli
A concern for evidence-based policy has led the American Law Institute to recommend eliminating public notification and limiting registry access to law enforcement. Public registries don’t reduce recidivism or protect people, researchers have concluded. The old “once a sex offender, always a sex offender” wisdom is a discredited generalization. Yet policies built on that assumption remain, despite a growing belief among experts that the registries do more harm than good.
Your statement is incorrect.
P
People are Free to form their opinion and express it, just like Y’ll..FYI
Not all who have been convicted for a registerable offense had an actual victim.
Ah yes – the victims of Drag Queen story time!
You mean the 34 year old single mother i was talking to and met on a sex site only for adults who wasn’t real. She wasn’t a victim as she wasn’t real and I only spoke in regards to the milf. Your attitude shows you only know what your told to think and not actually researching anything. Its crazy everyone now days knows the government does illegal and shady things for arrests….. but when it comes to these charges then everyone believes 100% what the government tells them to believe. My life was ruined for trying to speak with a single mother on a sex site for adults only as I was browsing for single women.
So what happen with you, Robert? Are you OK now
It’s great when the courts defeat fascist dictatorial stuff like this. I urge you all to get and read/study 2 excellent books that have informed my thinking on so much of what is going on in America and especially here in “The free state of Florida”.
How fascism Works by Professor Jason Stanley
On Tyranny by Professor Timothy Snyder
It’s made it easier to understand where all these oppressions really come from.
Take care Brother.
JS
I don’t see how any of this is relevant to our cause…
It’s all connected. Did you see the other post by FAC today?
Senator Mike Lee (R-Utah) recently introduced the Interstate Obscenity Definition Act (IODA), which would effectively criminalize all pornography nationwide by legally redefining what it means to be obscene.
This looks basically like what Florida did and now struck down. Do you see where this is headed? Do you know how many more millions will end up on the registry? As I commented to this other article, the originators of content that will keep generating material that will be classified under this “obscenity” color of law garbage, will keep cranking it out unscathed. It will be on the viewer end that gets snagged in this growing web.
Netflix is involved with Agenda 2030. Apple TV is also cranking out a lot of shows and movies with soft porn scenes, like, Your Friends & Neighbors with Jon Hamm, Amanda Peet and Olivia Munn. We’ve been watching this and are surprised at the extent of some scenes. It doesn’t bother us, we’re just old and still remember TV the way it was before cable and streaming services that aren’t under FCC control.
Just imagine the intended consequences of getting a significant number of millions added to just this registry, their excuse to strip basic human and constitutional rights, and how much closer it gets them to their ultimate goal of world domination and control over your body, mind and soul?
[moderated].
It’s highly relevant to our cause because the State of Florida routinely passes vague bills targeting us, and it’s important for the federal appellate court that has jurisdiction over Florida to hold the government to account and not let states pass vague criminal laws. One Florida bill that passed a few weeks ago makes photographs of children displaying “sexually coy poses” (who the heck knows what that even means??) child pornography, while another makes it a felony to modify photographs of nude adults. Both laws are vaguer than the one struck down by the 11th Circuit in this decision and are aimed directly at us.
Definitely a win against the conservative LGBT persecution lobby.
Well, Hell…back in the day in Nawlins’, (Bourbon Street), there was a restaurant called ‘Lucky Changs’; they had two seatings; 630pm and 930pm; The 930pm was a drag show; kinda strange BUT, I did enjoy enjoy the General’s TSO’s Chicken and the Spicy Green Beans; The Spicy Eggplant gave me gas!
-did not ask for the ‘Egg Roll’
Hamburger Marys was a Gay Joint that made lots of money; not bad food but not my cup of tea!