WASHINGTON — The U.S. Supreme Court on Thursday rejected Florida’s bid to enforce a state law that targets drag show performances that, challengers say, imposes unlawful restrictions on free speech.
The court, divided 6-3, with three conservatives dissenting, turned away an emergency request from Florida officials after lower courts blocked the law statewide. The majority did not explain its reasoning.
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The three justices who would have granted the state’s request were Clarence Thomas, Samuel Alito and Neil Gorsuch.
A district court judge blocked the law under the First Amendment in part because it was too vaguely written, with key terms such as “lewd conduct” not defined. The Atlanta-based 11th U.S. Circuit Court of Appeals left that ruling in place.
Trying to translate from legal wording:
It sounds like the district court blocked the law due to first amendment violation. But Florida presented it to the Supreme Court as a question of how much power the district court has on enforcement, rather than an issue of first amendment violation. So the Supreme Court declined that aspect, and not the first amendment issue itself.
Does that sound right, or did I misunderstand?
It’s depressing that they sound eager to throw the first amendment under the bus if it’s presented.