A federal appeals court has kept in place an injunction blocking Florida from enforcing a law that would restrict drag shows in the state, saying the statute likely interferes with First Amendment-protected free speech.  

In a lengthy opinion released Tuesday (May 13), two out of three judges on a panel for the Eleventh Circuit Court of Appeals upheld a district court injunction that bars Florida from enforcing its so-called Protection of Children Act. The statute aimed to prohibit children from attending “lewd” live performances at restaurants and bars, with Governor Ron DeSantis and state lawmakers singling out drag shows in public statements on the law.

A Florida federal judge sided with restaurant chain Hamburger Mary’s in 2023, finding that the law is overly broad and thus tramples on free speech. And in Tuesday’s ruling, two appellate judges — Robin S. Rosenbaum and Nancy G. Abudu — agreed.

“By providing only vague guidance as to which performances it prohibits, the act wields a shotgun when the First Amendment allows a scalpel at most,” wrote Judge Rosenbaum for the majority.

Tuesday’s ruling means the 2023 injunction will remain in effect for now, and Florida cannot enforce this law while the Hamburger Mary’s lawsuit continues. Discovery has concluded in the case, though a trial date has not been set.

“Obviously, we’re thrilled that the injunction is going to remain in place for the duration of this litigation,” Melissa Stewart, an attorney for Hamburger Mary’s, tells Billboard. “That means that the citizens of Florida will have their First Amendment rights while we finish litigating this case.”

Representatives for the state of Florida did not immediately return requests for comment.

First Amendment law allows governments to restrict “obscene” speech, but only when that speech encompasses “patently offensive” sexual material that appeals to a “prurient interest” and lacks serious artistic or political value.

The Eleventh Circuit majority says that because the Florida law targets an undefined mass of “lewd” shows, it could be used to squash all kinds of constitutionally-protected speech that does not meet the strict “obscenity” standard.

The opinion notes, for example, that a Florida enforcement agency previously revoked one venue’s liquor license after deeming “lewd” a performance in which a drag artist known as “Jimbo” mimicked giving birth to a pile of baloney.

The majority says that while Jimbo’s performance is a “bit odd (and hammy in every sense of the word),” it “cannot be deemed ‘obscene.’”

“One of the act’s sponsors’ stated intent to target ‘Drag Queen Story Time’ also helps show the potential breadth of a term like ‘lewd conduct,’” Judge Rosenbaum wrote. “Of course, one legislator’s interpretation of the act does not an authoritative construction make. But it does betray how much protected speech may fall within the act’s [scope].”

Judge Gerald Bard Tjoflat of the Eleventh Circuit disagreed, writing in a dissent that the majority opinion is wrong because it “reads the statute in the broadest possible way.”

Even if Florida’s statute is unclear, Judge Tjoflat continued, the proper remedy would be to ask the Florida Supreme Court to step in and offer an analysis rather than block enforcement completely.

Florida is among a number of red states that have enacted legislation restricting drag performances in recent years. A similar Tennessee law was also blocked by a judge in 2023, though the Sixth Circuit Court of Appeals reinstated it a year later.

On Friday (May 9), SoundCloud encountered user backlash after AI music expert and founder of Fairly Trained, Ed Newton-Rex, posted on X that SoundCloud’s terms of service quietly changed in February 2024 to allow the platform the ability to “inform, train, develop or serve as input” to AI models. Over the weekend, SoundCloud clarified via a statement, originally sent to The Verge and also obtained by Billboard, that reads in part: “SoundCloud has never used artist content to train AI models, nor do we develop AI tools or allow third parties to scrape or use SoundCloud content from our platform for AI training purposes.”

The streaming service adds that this change was made last year “to clarify how content may interact with AI technologies within SoundCloud’s own platform,” including AI-powered personalized recommendation tools, streaming fraud detection, and more, and it apparently did not mean that SoundCloud was allowing external AI companies to train on its users’ songs.

Over the years, SoundCloud has announced various partnerships with AI companies, including its acquisition of Singapore-based AI music curation company Musiio in 2022. SoundCloud’s statement added, “Tools like Musiio are strictly used to power artist discovery and content organization, not to train generative AI models.” SoundCloud also has integrations in place with AI firms like Tuney, Voice-Swap, Fadr, Soundful, Tuttii, AIBeatz, TwoShot, Starmony and ACE Studio, and it has teamed up with content identification companies Pex and Audible Magic to ensure these integrations provide rights holders with proper credit and compensation.

The company doesn’t totally rule out the possibility that users’ works will be used for AI training in the future, but says “no such use has taken place to date,” adding that “SoundCloud will introduce robust internal permissioning controls to govern any potential future use. Should we ever consider using user content to train generative AI models, we would introduce clear opt-out mechanisms in advance—at a minimum—and remain committed to transparency with our creator community.”

Read the full statement from SoundCloud below.

“SoundCloud has always been and will remain artist-first. Our focus is on empowering artists with control, clarity, and meaningful opportunities to grow. We believe AI, when developed responsibly, can expand creative potential—especially when guided by principles of consent, attribution, and fair compensation.

SoundCloud has never used artist content to train AI models, nor do we develop AI tools or allow third parties to scrape or use SoundCloud content from our platform for AI training purposes. In fact, we implemented technical safeguards, including a “no AI” tag on our site to explicitly prohibit unauthorized use.

The February 2024 update to our Terms of Service was intended to clarify how content may interact with AI technologies within SoundCloud’s own platform. Use cases include personalized recommendations, content organization, fraud detection, and improvements to content identification with the help of AI Technologies.

Any future application of AI at SoundCloud will be designed to support human artists, enhancing the tools, capabilities, reach and opportunities available to them on our platform. Examples include improving music recommendations, generating playlists, organizing content, and detecting fraudulent activity. These efforts are aligned with existing licensing agreements and ethical standards. Tools like Musiio are strictly used to power artist discovery and content organization, not to train generative AI models.

We understand the concerns raised and remain committed to open dialogue. Artists will continue to have control over their work, and we’ll keep our community informed every step of the way as we explore innovation and apply AI technologies responsibly, especially as legal and commercial frameworks continue to evolve.”

As Northern Irish hip-hop trio Kneecap face controversy for their overt support of Palestine, so too has Irish post-punk group The Murder Capital, who have seen two German shows cancelled due to their display of the Palestinian flag onstage.

The group were scheduled to perform at Berlin venue Gretchen on Saturday (May 10), though the event was reportedly cancelled after discussions with the band about their habit of flying the Palestinian flag onstage during their live performances.

In response to the cancellation, The Murder Capital offered a spoken statement from outside the venue while holding the Palestinian flag. “We pulled into Berlin this morning. We had no idea that we weren’t allowed to fly this flag here today,” they explained.

“We discussed it for an hour at length, what we should do. We came to the decision that we were not going to take the flag off the stage,” they continued. “That was a decision pretty easily made, but we discussed possible outcomes; ‘What if they decide to cancel the show?’”

According to the band, after deciding to go ahead with displaying the flag onstage, they were told they could not do so, nor could they replace the flag with a banner that read “Free Palestine.”

“It’s not just about national flags. It’s about political statements,” they continued. “And to us this isn’t just a political statement, it’s a humanitarian statement. We’ve been saying that in interviews for the whole time that we’ve been speaking about it as people. It’s not all about politics, it’s about people who are dying and being slaughtered every day, and that’s happening right now. 

“So, for us as a band, Who’s had this flag on their stage for countless shows now. It would be the wrong thing for us to do to take it off the stage just so that the venue is kept happy. We don’t agree with that. We don’t agree. We spoke earlier today about this, about how we wish live music and art and theater could be free of political discussion and things like that, but as the world as it is, unfortunately it just cannot be. 

“That’s the way it is, so we’ll be back to you as soon as we can,” they concluded. “We appreciate all your support deeply. But most importantly, free Palestine.”

Germany upholds strict laws in regard to antisemitism, with The Hollywood Reporter having noted that last year’s edition of the Berlin Film Festival urged attendees to wear clothes or symbols showing solidarity with Palestine, but urged caution in regard to the usage of certain language for fear that it may fall into the category of language considered prohibited hate speech.

In response to the cancellation of their show, The Murder Capital instead performed an acoustic set outside of Berlin venue Obentrautstraße 19. 

The band had intended to again fly the Palestinian flag at their subsequent show in Cologne on Sunday (May 11), though they later confirmed the gig at Gebäude 9 was similarly cancelled, with an acoustic performance at Rheinpark taking place instead.

“We arrived into Cologne this morning hoping that what happened in Berlin yesterday would be an isolated incident, but tonight’s venue Gebäude 9 has also told us that we cannot have the Palestinian flag on our stage,” the band explained in a video shared to social media.

“The Palestinian flag itself needs to be on our stage and needs to be as visible everywhere in the world as possible,” they added. “These people are being eradicated, being starved, being bombed, and these war crimes and this genocide is being committed by the Israeli state and funded and supported by governments around the world. 

“Us having a flag on our stage at a rock show is not a political statement. It is a human reaction to a horrific and unimaginable situation. But this is not history, it is happening right now today.”

The Murder Capital’s cancelled German performances aren’t an isolated incident. In April, fresh from the controversy surrounding the pro-Palestine and anti-Israel sentiments projected during their Coachella set, Kneecap were removed from the lineup of the Hurricane and Southside festivals in June, with their headline dates in Berlin, Cologne and Hamburg for September soon being axed as well.