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Eleventh Circuit En Banc Upholds Florida Ban on Knowingly Admitting Minors to Obscene-as-to-Minors Performances
['Eugene Volokh', 'Elizabeth Nolan Brown', 'Liz Wolfe', 'Jacob Sullum', 'J.D. Tuccille', 'Charles Oliver']
Reason.com
Hamburger Mary's says that the Act requires it to draw "a different line for every child in every audience."
First, as a matter of vagueness, nothing requires Hamburger Mary's to tailor its performances for children of different ages.
Hamburger Mary's argues that the statutes approved in Ginsberg and Webb were different because they drew a "single line" between 17-year-olds and 18-year-olds.
And Hamburger Mary's does not deny that line-drawing is obvious as between, for example, 5-year-olds and 17-year-olds.
Hamburger Mary's focus on granular distinctions between different hypothetical ages does not render the Act void for vagueness.