Obscenity Isn't Free Speech: Florida's Child Protection Law Upheld

Welcome to the Napa Legal Podcast, where we discuss religious liberty from the perspective of faith-based nonprofits.In this week's episode, Frank DeVito and Kyle Nazareth discuss Michigan's full-scale retreat from its ban on talk therapy for children with gender dysphoria, the Eleventh Circuit's en banc ruling upholding Florida's Protection of Children Act, and a second Oklahoma charter school case that may finish what St. Isidore started.In this episode, we discuss:[1:44] Michigan agrees to a stipulated permanent injunction ending enforcement of HB 4616 against licensed counselors engaged in talk therapy, closing out a suit brought by a Catholic therapist and several branches of Catholic Charities after the Supreme Court decided Chiles v. Salazar.[12:42] The Eleventh Circuit, sitting en banc, upholds Florida's Protection of Children Act, holding that obscenity sits outside the First Amendment entirely and that keeping minors out of obscene adult live performances is subject to rational basis review rather than strict scrutiny.[24:42] A Jewish school foundation seeks charter status in Oklahoma on the same argument St. Isidore made, and Frank explains why Carson v. Makin points in one direction while the strings attached to state funding remain the harder question.Chapter markers0:00 Intro1:44 Michigan's talk therapy ban2:30 The Catholic therapist who challenged it4:14 The stipulated permanent injunction5:16 Does a stipulation create precedent?6:13 Why you should never lay down and give up8:18 What if a state banned the other kind of therapy?11:09 Do we trust this ruling class with that power?12:42 The Eleventh Circuit upholds Florida's law13:59 A Drag Queen Christmas in Pensacola15:18 Hamburger Mary's facial challenge16:55 Obscenity is outside the First Amendment17:44 Rational basis, not strict scrutiny18:49 Free speech in America was never unlimited20:22 Philip Hamburger on natural rights and natural law22:26 Originalism gets you to the same place24:42 Oklahoma: St. Isidore round two26:24 Why Oklahoma's charter schools are private27:22 Carson v. Makin and generally available funding28:48 Why St. Isidore ended 4–431:20 The strings attached to state money32:25 St. Mary Catholic Parish v. RoyFor more about Napa Legal and our work, visit our website here: https://www.napalegalinstitute.org/For more of the Napa Legal Podcast, visit our site here: https://www.napalegalinstitute.org/the-napa-legal-podcastThe Napa Legal Podcast, August 11, 2026#freedomofreligion #religiousliberty #freespeech