Defending Your Constitutional Right to Free Speech
In an era where a single social media post can lead to criminal charges, protecting First Amendment rights has never been more critical. Our attorneys have decades of experience defending freedom of speech, freedom of the press, and freedom of assembly against government overreach.
Passionate Advocates for First Amendment Freedoms
At Boardman & Gallagher, we are passionate about freedom of speech, freedom of the press, freedom of assembly, and other First Amendment rights. Protection of these rights is crucial to the continued functioning of a healthy democracy. Throughout our careers, we have witnessed how government prosecutors can overreach in their attempts to punish unpopular speech, often conforming to popular sentiment rather than constitutional principles.
In our modern society, where everyone is connected through technology and a poorly considered remark made in an unguarded moment can land you with criminal charges, it is essential to have experienced counsel who will fight to protect your constitutional rights. We stand firm in our support for First Amendment freedoms and are ready to defend you if you face prosecution for protected speech or expression.
Boardman & Gallagher
The Five Freedoms
Protected by the First Amendment
Freedom of Speech
Express your opinions, ideas, and beliefs without government censorship or punishment.
Freedom of the Press
Gather and disseminate information without government interference across all media platforms.
Freedom of Religion
Practice any religion you choose, or no religion at all, without government interference.
Freedom of Assembly
Gather peacefully with others for protests, demonstrations, and collective advocacy.
Freedom to Petition
Make complaints to or seek assistance from the government without fear of punishment.
Social Media Posts Are Not Terrorism
Protecting Controversial Political Expression
When terrorism became the primary fear in American society following the September 11 attacks, we saw a dramatic increase in prosecutions for terrorism-related offenses. Federal and state prosecutors began casting a wide net, often charging individuals based on nothing more than controversial posts on social media platforms.
The government's aggressive approach has led to significant overreach. Expressing sympathy for foreign causes, sharing inflammatory political content, or making provocative statements about government policies can result in serious criminal charges—even when there is no genuine threat of violence or terrorist activity.
Our Track Record of Success
- Rigorous First Amendment Analysis: We carefully examine whether speech constitutes a "true threat" or "incitement" under Supreme Court precedent.
- Context Matters: We present evidence showing context, intent, and audience understanding to demonstrate protected speech.
- Challenging Vague Statutes: We challenge terrorism statutes that are vague and overbroad, potentially criminalizing protected speech.
- Expert Testimony: We work with linguists, social media experts, and scholars to demonstrate protected political expression.
Types of Cases We Handle
- Material Support for Terrorism based on social media posts or donations
- Threats Against Public Officials on social media or other platforms
- Incitement Charges alleging speech encouraged illegal activity
- False Statement Charges during terrorism investigations
Defending Against Obscenity Prosecutions
Protecting Adult Content and Artistic Expression
Obscenity is one of the few categories of speech that falls outside First Amendment protection. However, the definition of obscenity is narrow and fact-specific. The Supreme Court established the modern obscenity test in Miller v. California (1973), which requires the government to prove three elements beyond a reasonable doubt.
Prurient Interest
Whether the average person, applying contemporary community standards, would find the work appeals to prurient interest.
Patently Offensive
Whether the work depicts or describes sexual conduct in a patently offensive way as defined by state law.
Lack of Serious Value
Whether the work lacks serious literary, artistic, political, or scientific value.
Mr. Boardman's Proven Track Record
During the "family values" era, when there was a concerted push against adult content, Mr. Boardman tried many obscenity cases and achieved NOT GUILTY verdicts in the vast majority of those cases. His success stems from a deep understanding of obscenity law and an ability to demonstrate that adult content—even sexually explicit material—often has serious artistic, literary, or political value.
Our Defense Strategy
- Community Standards Analysis
- Expert Witnesses (art critics, scholars)
- Challenging Selective Prosecution
- Jury Education on narrow obscenity definition
Types of Obscenity Cases
- Adult Films and Videos
- Written Material with sexual content
- Digital Content and streaming
- Artistic Expression and photography
- Internet Obscenity prosecutions
Navigating Free Speech in the Digital Age
When a Single Post Can Lead to Criminal Charges
The New Era of Speech Prosecutions
We are entering a new era where prosecutions based on speech and obscenity are becoming increasingly common. Social media amplification, cancel culture, evolving technology, political polarization, and vague laws all contribute to this trend.
Common Charges Based on Speech:
- Harassment and Stalking
- Threats and Intimidation
- Hate Crimes enhancements
- Disorderly Conduct
How We Protect Your Rights:
- Immediate Response and evidence preservation
- Constitutional Challenges to charges
- Experienced Jury Trials
- Appellate Advocacy when necessary
Boardman & Gallagher
Why Choose Boardman & Gallagher?
Experienced Constitutional Advocates
Deep Understanding of First Amendment Law
Decades of experience defending First Amendment cases with proven trial success and academic expertise.
Passionate Commitment
We don't just defend cases—we believe deeply in protecting unpopular speech to preserve freedom for everyone.
Comprehensive Defense Strategy
Early intervention, thorough investigation, aggressive litigation, and appellate expertise when needed.
Proven Track Record
NOT GUILTY verdicts in the vast majority of obscenity cases and successful dismissals of terrorism charges.
Frequently Asked Questions
Can I be arrested for something I posted on social media?
Yes, you can be arrested and charged based on social media posts, but whether those charges violate your First Amendment rights depends on the content and context. Many social media prosecutions are unconstitutional, and we have successfully defended clients in these cases. If you are under investigation for online speech, contact us immediately.
What should I do if law enforcement wants to question me about my speech?
Exercise your right to remain silent and request an attorney. Do not try to explain or justify your statements without legal counsel present. Even innocent explanations can be twisted and used against you. Contact us before speaking to any law enforcement officer.
Is satire or hyperbole protected by the First Amendment?
Generally, yes. The Supreme Court has recognized that satire, parody, and hyperbole are protected forms of expression. However, prosecutors sometimes fail to recognize these rhetorical devices and charge individuals based on literal interpretations. We work to demonstrate the satirical or hyperbolic nature of speech.
What is the difference between a 'true threat' and protected speech?
A 'true threat' is a statement that a reasonable person would perceive as a serious expression of intent to commit violence. Protected speech includes hyperbole, political rhetoric, and statements made without genuine intent to carry out violence. The distinction often turns on context, audience, and intent.
How do you defend obscenity cases when the material is sexually explicit?
Sexually explicit material is not automatically obscene. Under the Miller test, the government must prove the material appeals to prurient interest, is patently offensive, and lacks serious value. We present expert testimony to show the material has artistic, literary, political, or scientific value.
Can I be prosecuted for speech that offends people or is 'hate speech'?
The First Amendment protects offensive speech, including so-called 'hate speech.' The government cannot criminalize speech simply because it is offensive or expresses hateful views. However, speech can be prosecuted if it falls into an unprotected category such as true threats or incitement.
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Take Action to Protect Your Rights
If you are facing criminal charges based on your speech, social media activity, or expression, time is of the essence. Contact us today for a free, confidential consultation. Your constitutional rights are worth defending.
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- 1710 East Seventh Ave Tampa, FL 33605
- (813) 248-0704
- Monday-Friday: 9AM-5PM