Freedom of Speech
Freedom of speech is a cherished cornerstone of American liberty, yet it remains one of the most widely misunderstood rights in our Constitution. At Boeheim Freeman Law in Tulsa, Oklahoma, our legal team frequently encounters questions about constitutional rights. To truly protect your rights, it is essential to understand the fundamental difference between governmental infringement and private infringement.
Government Unlawfully Restricts Expression
The First Amendment explicitly dictates that the government—whether at the federal, state, or local municipal level—cannot punish you, censor your speech, or unlawfully restrict your expression. If a government entity or law enforcement agency attempts to silence your lawful speech, that is a direct violation of your constitutional rights.
Private Actors Exception
However, a crucial legal distinction exists when it comes to private actors. The First Amendment does not restrict private businesses, employers, or independent organizations from regulating speech within their own spaces.
Recent Example
Consider a recent high-profile situation where a popular rap musician was fired for making controversial statements during a concert. Following his remarks, the private promoters and venue operators canceled his upcoming performances. Many people mistakenly claimed this was a breach of the artist's First Amendment rights.
True First Amendment Violations Require "State Action."
In reality, no constitutional violation occurred. Why? Because the promoters and venue operators are private entities, not government officials. The government was not telling the musician he could not speak, nor was the state punishing him for his words. Instead, private business operators, who disagreed with his speech, simply chose not to host him on their private platforms. Private entities possess the legal authority to enforce their own codes of conduct and disassociate from speech they find objectionable. True First Amendment violations require "state action."
Protecting Your Constitutional Rights
Navigating the nuances of constitutional law requires seasoned legal experts. Whether you are searching for local legal advice. If you believe your constitutional rights have been violated the experienced attorneys at Boeheim Freeman Law are here to help. Proudly serving the greater Tulsa, Oklahoma area, our firm possesses a deep, comprehensive understanding of the U.S. Constitution and the legal landscape of our state. We are committed to defending your rights and providing top-tier Criminal Defense representation. Contact Boeheim Freeman Law today to ensure your constitutional freedoms are fiercely protected by Tulsa’s trusted legal advocates.
Author: Brian J. Boeheim, Managing Partner
Boeheim Freeman Law - Tulsa, Oklahoma - 918-884-7791 - onyourworstday.com
Brian Boeheim has co-authored Oklahoma Criminal Law and Procedure with Forms (2024) and Oklahoma Evidence Manual (2026), both published by Bender Publishing and LexisNexis. These books also are expert content for the LexisNexis AI tool - Protégé.