Overview
- The full U.S. Court of Appeals for the 11th Circuit vacated a Middle District of Florida preliminary injunction on Aug. 4, 2026, in an 8–5 decision and sent the case back for further proceedings.
- A majority said the statute should be treated as a regulation of obscenity for minors and applied rational‑basis review, finding the plaintiffs were unlikely to win at this early stage.
- Dissents led by Judge Robin Rosenbaum argued the law is unconstitutionally vague, warned it will chill protected speech, and criticized allowing venues to learn the law’s limits only by risking prosecution.
- In practical terms, the decision permits Florida regulators to enforce age limits, fines, and license penalties statewide again and has already prompted venues to tighten age checks and cancel family shows.
- Coverage split along political lines with conservative outlets framing the ruling as a win for child protection and liberal outlets highlighting free‑speech and vagueness concerns, and Hamburger Mary’s may seek Supreme Court review.