Origin articleStored source

Eleventh Circuit En Banc Upholds Florida Ban on Knowingly Admitting Minors to Obscene-as-to-Minors Performances

An excerpt from the long majority opinion (by Judge Andrew Brasher, signed by eight judges) yesterday in HM Florida-ORL, LLC...

Reason By Eugene Volokh Aug 5, 2026, 12:01 PM Captured Aug 5, 2026, 12:46 PM

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Captured text

Source excerpt

13,791 extracted characters

An excerpt from the long majority opinion (by Judge Andrew Brasher, signed by eight judges) yesterday in HM Florida-ORL, LLC v.

This appeal is about the constitutionality of Florida's Protection of Children Act.

The Act makes it a misdemeanor to "knowingly admit a child to an adult live performance."

The Act defines an "adult live performance" as a live performance that depicts "nudity, sexual conduct, sexual excitement, or specific sexual activities [as defined], lewd conduct, or the lewd exposure of prosthetic or imitation genitals or breasts" and meets three additional criteria.

Bold News stores the normalized extraction for evidence and analysis. This public wrapper shows a limited excerpt; use the original link for the publisher's complete presentation.

Framing report

Origin wording grade

B 20/100 risk

Grade B reflects 20/100 framing risk from editorial voice, decision pressure; each finding below is tied to stored wording.

Report confidence: 88%
Content format: opinion
Evidence findings: 4
Sentences checked: 84
Method: origin-framing-v2

Outlet context is separate libertarian-right (+55, 60% confidence). This profile does not change the article grade.

Evidence behind the grade

Editorial voicebody

+5 · 90% confidence

Of course, not every depiction of sexual conduct is obscene.

The sentence states an evaluation in the narrator's voice instead of attributing it to a named source. Its weight is reduced because this article is identified as opinion.

Editorial voicebody

+5 · 90% confidence

But of course, the Constitution is supposed to prevent citizens from bearing the burden of unclear (and here, undefinable) limitations on speech.

The sentence states an evaluation in the narrator's voice instead of attributing it to a named source. Its weight is reduced because this article is identified as opinion.

Decision pressurebody

+5 · 82% confidence

But neither the Supreme Court nor our Circuit has ever held that a regulation of materials obscene for minors must contain a parental consent exception.

The wording urges a conclusion or action rather than only describing the reported facts. Its weight is reduced because this article is identified as opinion.

Decision pressurebody

+5 · 82% confidence

That's not the case for a law like the Act, which has seventeen—or more—lines a citizen must comply with.

The wording urges a conclusion or action rather than only describing the reported facts. Its weight is reduced because this article is identified as opinion.

Useful context, not penalties

Opinion format 1
Argumentative wording is expected in this format, so narrator-voice and decision-pressure cues receive reduced weight.
Uncertainty qualifiers 1
Qualifiers such as may, might, or reportedly are disclosed as technique but do not add framing-risk points by themselves.

Paxton's "Miller-for-minors" test [set forth by the Supreme Court], a state may prevent minors from accessing works that "(a) taken as a whole, and under contemporary community standards, appeal to the prurient interest of minors; (b) depict or describe specifically defined sexual conduct in a way that is patently offensive for minors; and (c) taken as a whole, lack serious literary, artistic, political, or scientific value for minors." These restrictions "trigger no heightened First Amendment scrutiny and are subject only to rational-basis review, even though they encompass speech that is not obscene for adults." … Applying these precedents, the Act is a straightforward regulation of obscenity….

What this grade does and does not mean

This grade evaluates wording and reader-steering cues, not factual accuracy.
The outlet's general profile is separate context and does not affect this article grade.
Potential omissions require comparison with other reporting and are not graded from one article alone.