Jason Aldean controversy: Free speech and censorship collide – Southwest Virginia Today
The music video for Jason Aldeans song Try That in a Small Town stirred controversy in July with the First Amendment at the center of a debate about censorship and free speech.
As the controversy grew, the country music channel CMT announced it would no longer show the music video.
Supporters claimed Aldean was being canceled, and his First Amendment rights were violated. Detractors insinuated that the songs lyrics dont merit First Amendment protection, and some have even petitioned the government to step in to censor Aldean.
A First Amendment analysis of the Jason Aldean controversy
Lets look at the song and some of these claims through a First Amendment lens using a traffic signal framework:
Green light: These words or actions are protected by the First Amendment.
Yellow light: Caution! The First Amendment might not apply.
Red light: No First Amendment protection.
Are Aldeans song and music video free speech?
The songs lyrics compare responses to crime in big cities and small towns. The music video uses footage of carjackings, armed robbery and protests. The footage is interspersed with clips of Aldean singing in front of a Tennessee courthouse where an 18-year-old Black man named Henry Choate was lynched in 1927 and a race riot occurred in 1946.
The songs lyrics, which some say imply violence, plus the image of Aldean singing at a setting of racial violence have some arguing that the song is not protected by the First Amendment.
Green light: Music is protected as free speech. Only 54% of Americans in Freedom Forums 2023 The First Amendment: Where America Stands survey knew this, but 88% agreed music should be protected from government censorship.
Many have claimed that the song is hateful. But, as 6 in 10 survey respondents knew and agreed, hate speech is protected by the First Amendment, unless some other exception applies. None apply here. The lyrics and video lack the necessary immediacy to be incitement to imminent lawless violence, which is not protected by the First Amendment. They are not face-to-face and so cannot be fighting words. And they do not single out any individual as required for a true threat to exist.
Are the actions in the song free speech protected by the First Amendment?
In the song, Aldean refers to actions that would generate a response in a small town, including cuss out a cop, spit in his face, stomp on the flag and light it up.
Yellow light: The First Amendment means we can stand up to authority and arent required to choose our words carefully when we do so. But some of the clips in the music video show protesters shouting right in the faces of police officers, which could be fighting words, a category of speech not protected by the First Amendment. These words are intended not to convey a message but rather to provoke a violent response. And this could also lead to obstruction of justice charges if you impeded an officers job.
Red light: Any physical contact with a police officer is no longer expression. This is likely criminal assault.
STOMP ON THE FLAG AND LIGHT IT UP
Green light: Flag desecration, including stepping on the flag and burning it, is protected by the First Amendment. The Supreme Court has said flag burning is symbolic speech and in many cases is protected as free speech.
Can TV and radio censor the song or venues cancel Aldean shows?
CMT stopped airing the Try That in a Small Town video. Some radio stations arent playing the song. People are calling for boycotts of Aldeans concerts and asking venues to cancel his shows.
Green light: CMT, radio stations and concert venues are all private businesses. The First Amendment doesnt apply here something that three-quarters of Americans dont know. Private businesses can set their own rules about what messages they support and promote. The First Amendment only protects us against government actions that infringe on our rights to religion, speech, press, assembly and petition.
Can people challenge Aldeans controversial statements?
The Jason Aldean controversy largely began after the music video was released, and people added context to Aldeans claims that there isnt a single video clip that isnt real news footage.
Major media outlets and citizen journalists added historical context regarding the courthouse and the video footage, some from protests outside the U.S., which provide context to Aldeans claims.
Green light: The work of professional and citizen journalists is freedom of the press protected by the First Amendment. Statements about a celebrity like Aldean get very strong protection under the First Amendment. Americans have the right to hold public officials and public figures accountable.
Is criticizing Aldean or canceling him free speech?
Aldeans defense of the song has thousands of reactions. Gun control activists and other musicians have called him out. Conservative commentators and a former president of the United States have defended him.
Aldean responded to criticism and accusations of being anti-Black Lives Matter, pro-lynching and insensitive to the impact of gun violence. He described the song as one that refers to the feeling of a community that I had growing up, where we took care of our neighbors, regardless of differences of background or belief.
Green light: Aldean says that he is a victim of cancel culture. Thats a hard term to define. Sometimes what is deemed cancel culture is just people using their own free speech. Often, exercising your freedom of speech has consequences. People contacting government officials are exercising their freedom of petition. And, of course, sometimes their criticism backfires, like when the song in question rises to no. 2 on the Billboard Hot 100 charts despite or more likely because of the controversy.
Can government officials use their power to punish Aldean?
Politicians have also weighed in. For instance, Justin Jones, who was expelled from and then reinstated to the Tennessee House of Representatives for leading a protest on the House floor, described the song as a lynching anthem and said we have an obligation to condemn Jason Aldeans heinous song calling for racist violence.
Yellow/red light: Government officials like Jones have First Amendment rights, too, especially when speaking outside their official duties. They have every right to express their opinions.
But they cross a line when they use their position and power to punish. It would violate the First Amendment to condemn Aldean in an official resolution that carried some penalty. And if any lawmakers tried to pressure stations or venues to stop playing or hosting Aldean, this would infringe his First Amendment rights by punishing him based on the content of his song.
The Jason Aldean controversy unpacked
The Jason Aldean controversy isnt the first debate about music, censorship and free speech. Such controversies cut across political divides and span musical genres. History is full of examples of controversial rock, punk, heavy metal and, particularly in recent years, rap and hip hop songs.
This is why it is so important that we all protect the free expression rights not only of those who write and perform songs but also of those who criticize and defend those artists.
Kevin Goldberg is First Amendment specialist for the Freedom Forum. He can be reached at kgoldberg@freedomforum.org.
Get local news delivered to your inbox!
More here:
Jason Aldean controversy: Free speech and censorship collide - Southwest Virginia Today
- 'JSK' Producer Suresh Kumar On Its Censorship: All Issues Began With 'L2: Empuraan' - The Hollywood Reporter India - July 8th, 2025 [July 8th, 2025]
- Some patriotic reflections on Independence Day - The Verge - July 8th, 2025 [July 8th, 2025]
- AI, Fair Use, and the Arsenal of Democracy - RealClearDefense - July 8th, 2025 [July 8th, 2025]
- Democratic nomination for Ithaca Common Council seat decided by just 11 votes - WSKG - July 8th, 2025 [July 8th, 2025]
- A Summer Reading List for Americas 250th Anniversary - Ash Center - July 8th, 2025 [July 8th, 2025]
- DEEP DIVE: $500 MILLION IN MEDIA FUNDING. BUT WHO'S CALLING THE SHOTS BEHIND THE HEADLINES? Its not just censorship its coordination. In Episode 2 of... - July 8th, 2025 [July 8th, 2025]
- Emergency: The Indian cartoonist who fought the censors with a smile - BBC - July 8th, 2025 [July 8th, 2025]
- Media in the Balkans: the rise of oligarchs - Osservatorio Balcani e Caucaso Transeuropa - July 8th, 2025 [July 8th, 2025]
- From Censorship to Fascism to Extermination: PW Talks with Will Potter - Publishers Weekly - July 8th, 2025 [July 8th, 2025]
- 'There is real fear': How Israel's attack on Iran enabled an assault on press freedoms - Middle East Eye - July 6th, 2025 [July 6th, 2025]
- Vilifying the Vylans or: How I learned to stop censoring and call for death to the BBC - Freedom News - - July 6th, 2025 [July 6th, 2025]
- Ready Or Not Studio Reveals What Exactly Has Been Censored And It's Not A Lot - TheGamer - July 6th, 2025 [July 6th, 2025]
- The EUs Internet Law, a Blueprint for Global CensorshipIncluding on American Platforms? - The Daily Signal - July 4th, 2025 [July 4th, 2025]
- Blasphemy, Censorship, and the Future of Free Expression in Britain - Quillette - July 4th, 2025 [July 4th, 2025]
- Ready or Not Dev Releases Before-and-After Screenshots as It Battles Against Censorship Backlash and Steam Review-Bomb Campaign - IGN - July 4th, 2025 [July 4th, 2025]
- The humanities must have a role in overseeing AI censorship - Times Higher Education - July 4th, 2025 [July 4th, 2025]
- YouTube, Trump Having Productive Discussions Over Censorship Case - The Information - July 4th, 2025 [July 4th, 2025]
- 'Warned Not to Talk About It': Overseas Boys' Love Censorship Is Sending Young Women to Jail - Comic Book Resources - July 4th, 2025 [July 4th, 2025]
- China is rushing to develop its AI-powered censorship system - Global Voices - July 4th, 2025 [July 4th, 2025]
- Gov. McKee signs Freedom to Read Act into law - Rhode Island Current - July 4th, 2025 [July 4th, 2025]
- 'Ill-conceived from the beginning': Judge ridicules Trump admin for 'slapdash' censorship of public health websites - Law and Crime News - July 4th, 2025 [July 4th, 2025]
- How censorship affects the artistic expression in film - Times of India - July 4th, 2025 [July 4th, 2025]
- What is The Ready or Not Censorship Controversy? Review Bombing Explained - Insider Gaming - July 4th, 2025 [July 4th, 2025]
- Self-censorship and the spiral of silence - Insight News - July 4th, 2025 [July 4th, 2025]
- Louisiana wants to censor citizen science, but residents are fighting back - News From The States - July 4th, 2025 [July 4th, 2025]
- The many complex truths within the censoring of youth parliament - The Spinoff - July 4th, 2025 [July 4th, 2025]
- Free Speech Victory in Australia for Billboard Chris as X post censorship overturned - Alliance Defending Freedom International - July 2nd, 2025 [July 2nd, 2025]
- Read this: Pixar's self-censorship of Elio's queer themes may have doomed it - Yahoo - July 2nd, 2025 [July 2nd, 2025]
- China is rushing to develop its AI-powered censorship system - Global Voices Advox - July 2nd, 2025 [July 2nd, 2025]
- 'The censorship is a step too far': Ready or Not is getting review bombed after developers sanitise the game to adhere to stricter console standards -... - July 2nd, 2025 [July 2nd, 2025]
- Keep Them On The Shelf - The Progressive - July 2nd, 2025 [July 2nd, 2025]
- SCOTUS Ruling Condoning Book Censorship Is a Grave Misjudgment. - GLAAD - July 2nd, 2025 [July 2nd, 2025]
- Read this: Pixar's self-censorship of Elio's queer themes may have doomed it - AV Club - July 2nd, 2025 [July 2nd, 2025]
- How the Internet Works, and How China Censors It - ChinaFile - July 2nd, 2025 [July 2nd, 2025]
- New Study from ChinaFile | The Locknet: How China Controls Its Internet and Why It Matters - Asia Society - July 2nd, 2025 [July 2nd, 2025]
- The Witcher, The Bad Batch, and Cosmic Censorship - GamingTrend - July 2nd, 2025 [July 2nd, 2025]
- The Censor Board Is A Back-Door For Govt To Control The Film World: Director Of Stalled Movie On Slain Punjabi Activist - article-14.com - July 2nd, 2025 [July 2nd, 2025]
- Censorship? Ready or Not eliminates nudity and reduces violence to hit consoles - Toy News Online - July 2nd, 2025 [July 2nd, 2025]
- Ready Or Not Will Be Censored Before Launching On Consoles, And It Could Even Affect The PC Version - TheGamer - June 29th, 2025 [June 29th, 2025]
- Nonviolence and the Battle Against Self-Censorship - Pressenza - International Press Agency - June 29th, 2025 [June 29th, 2025]
- Kneecap Defy Censorship Threats with Provocative Glastonbury Set - Consequence of Sound - June 29th, 2025 [June 29th, 2025]
- WATCH | Joseph Maximilliam Dunnigan On How Censorship Of Books Exists Across The World, From The US To China - Outlook India - June 29th, 2025 [June 29th, 2025]
- Artist Ai Weiwei: Democracy and freedom do not necessarily enable the creation of great art - - June 29th, 2025 [June 29th, 2025]
- Baihe and Danmei: Chinese GL and BL in an Age of Censorship - Daily Kos - June 28th, 2025 [June 28th, 2025]
- Death by a thousand cuts in Hong Kong - Index on Censorship - June 28th, 2025 [June 28th, 2025]
- In an act of political censorship, Deutsche Bank terminates publisher Mehring Verlags account - World Socialist Web Site - June 26th, 2025 [June 26th, 2025]
- The photographer using AI to reconstruct stories lost to censorship - The Verge - June 26th, 2025 [June 26th, 2025]
- Bernie Sanders Roasts Joe Rogan for Siding With Government Censorship - Cracked.com - June 26th, 2025 [June 26th, 2025]
- JCDecaux and Global accused of 'censorship' of anti-HFSS campaign - Campaign - June 26th, 2025 [June 26th, 2025]
- Emergency Films: 6 Movies That Faced Bans and Censorship in 1975 - Deccan Herald - June 26th, 2025 [June 26th, 2025]
- Hotbed of digital censorship: MAGAs war with Ireland over freedom of speech - Newstalk - June 26th, 2025 [June 26th, 2025]
- Iran-Israel war: What tools are used to censor reporting? - DW - June 24th, 2025 [June 24th, 2025]
- FTC Comments Accuse Big Tech of Widespread Censorship - The Daily Signal - June 24th, 2025 [June 24th, 2025]
- How we are ending Irans and all other governments power to censor online - The Hill - June 24th, 2025 [June 24th, 2025]
- Amid Silence and Censorship, Alabama Students and Professors Reflect on a Year Under SB129 - ACLU of Alabama - June 24th, 2025 [June 24th, 2025]
- Iran-Israel war: What tools are used to censor reporting? - Yahoo - June 24th, 2025 [June 24th, 2025]
- Western Tech Companies Are Capitulating to Russian Censors. Here's How Russians Can Fight Back. - The Moscow Times - June 24th, 2025 [June 24th, 2025]
- Book censors and the Trojan horse of decency - Fairbanks Daily News-Miner - June 24th, 2025 [June 24th, 2025]
- Censorship, arrests and merger of news agencies tools to control media during 1975 Emergency - The New Indian Express - June 24th, 2025 [June 24th, 2025]
- Tunnel Vision: Anti-censorship Tools, End-to-End Encryption and the Fight for a Free and Open Internet - Freedom House - June 22nd, 2025 [June 22nd, 2025]
- A Banner Year for Censorship: More States Are Restricting Classroom Discussions on Race and Gender - The Chronicle of Higher Education - June 22nd, 2025 [June 22nd, 2025]
- Advocates, Authors Call for Investigation Into Florida Book Removals Without Review | Censorship News - School Library Journal - June 22nd, 2025 [June 22nd, 2025]
- From LA to Letcher County, Anna Gomez takes her anti-censorship crusade on the road - Daily Independent - June 22nd, 2025 [June 22nd, 2025]
- Censorship into art: why Iranian director Jafar Panahis subversive stories are getting the worlds attention - Pancouver - June 22nd, 2025 [June 22nd, 2025]
- How does Israel restrict its media from reporting on the Iran conflict? - Al Jazeera - June 20th, 2025 [June 20th, 2025]
- Censorship: See the National Park visitor responses after Trump requested help deleting negative signage - Government Executive - June 20th, 2025 [June 20th, 2025]
- Why defunding research on misinformation and disinformation isnt what Americans want - Fast Company - June 20th, 2025 [June 20th, 2025]
- Oscar entry, but banned at home: This Sunita Rajwars acclaimed film faces censorship in India - Times of India - June 20th, 2025 [June 20th, 2025]
- Why Is The EU Really So Scared of Hate Speech? - The European Conservative - June 20th, 2025 [June 20th, 2025]
- PRESS RELEASE: In win for academic Speech, OK Supreme Court says higher ed is off-limits from censorship law - Oklahoma City Free Press - June 20th, 2025 [June 20th, 2025]
- What are the 20 most controversial album covers of all time? - Euronews.com - June 20th, 2025 [June 20th, 2025]
- Whos the Boss? Trump and Springsteens war of words - Index on Censorship - June 20th, 2025 [June 20th, 2025]
- Censorship: Coming to a National Park near you? - Daily Kos - June 20th, 2025 [June 20th, 2025]
- Is Free Speech the New Price of Merger Approval from the FTC? - Public Knowledge - June 20th, 2025 [June 20th, 2025]
- Johnny Marr Backs Kneecap Ahead of Glastonbury Fest: 'Oppression Fears Artistic Expression' - Rolling Stone - June 20th, 2025 [June 20th, 2025]
- Censorship campaign defeated at Berlins Humboldt University: IYSSE anti-war events going ahead - World Socialist Web Site - June 16th, 2025 [June 16th, 2025]
- Tulane scientist resigns citing university censorship of pollution and racial disparity research - WDSU - June 14th, 2025 [June 14th, 2025]
- Facebook And Instagram Seem To Have Stopped Censoring Search Results For 'Marijuana' And 'Cannabis' - Marijuana Moment - June 14th, 2025 [June 14th, 2025]
- AI lies, threats, and censorship: What a war game simulation revealed about ChatGPT, DeepSeek, and Gemini - The Economic Times - June 14th, 2025 [June 14th, 2025]
- Tulane scientist resigns citing university censorship of pollution and racial disparity research - AP News - June 14th, 2025 [June 14th, 2025]