Free Speech In Bars

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I live in montana. I was recently told by a bar that they don’t allow profanity / swearing. It was a blanket statement. I politely challenged this with the fact we live in america where we have free speech and was told basically I was dumb because they were a private business and could set their own rules.
Hi Alistair. While the First Amendment protects free speech, private establishments like bars have the right to enforce rules for conduct, including prohibiting profanity. They can refuse service based on behavior, as long as it doesn't discriminate against protected classes.
Why would their rules supersede the constitution?
Private businesses can set rules because they're not government entities. The First Amendment restricts government from limiting speech, not private establishments. They may establish conduct rules, as long as they don't infringe on legally protected rights such as race, religion, etc.
So they could set a rule that people could carry firearms in the bar despite that being illegal and their patrons won’t suffer legal consequences if seen by an officer?
In Montana, bars cannot permit patrons to carry firearms. Even private establishments must abide by state and federal laws. If a bar allowed firearm possession, both the bar and patron could face legal consequences. Enforcement lies with law enforcement officers, not the establishment.
And again you say as long as they don’t infringe on legally protected rights free speech is a legally protected right. There is even a Supreme Court verdict from * that states profanity is covered by the first amendment provided it isn’t used as “fighting words”.
While the First Amendment protects free speech, it primarily applies to government entities. Private establishments can have conduct rules:
- They cannot infringe on legally protected rights, such as race or religion.
- It does not grant the right to use profanity in all settings.
- It's essential to respect the rules of private establishments, including bars.
does it change anything if they’re a nonprofit?
The nonprofit status of a private establishment doesn't change its ability to set its own rules regarding conduct. They are still able to set rules, including prohibiting profanity, as long as they don't infringe on legally protected rights.
Thanks for the info.
You're welcome, Alistair. If you have any other questions in the future, feel free to reach out. Remember, it's always important to respect the rules of the places we visit, even if we disagree.