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Your freedom of speech doesn't go everywhere

Private businesses can refuse service to people expressing political beliefs, SLU Law Professor Anders Walker said.

TROY, Mo. — It’s a story that got thousands of 5 On Your Side viewers talking. On Sunday, Jake Talbot wore a shirt that read “2016 Trump for President” at his gym, CDY Fitness in Troy, Missouri.

RELATED: Trump shirt ignites controversy at Lincoln County gym

The owner of CDY Liz Burke said other members told her the shirt was racist and offensive. She asked Talbot to never wear the shirt again.

5 On Your Side asked SLU Law Professor Anders Walker if the business owner was within her rights.

“Business owners in America can refuse service to people based on political views, things they're wearing,” Walker said. “A lot of people think their rights extend everywhere, so I can say whatever I want in a private business. People need to keep in mind, the First Amendment only applies to state action. The government cannot tell you what to say or do.”

In other words, you can walk down a public sidewalk wearing something considered offensive, and the police cannot arrest you. But, a private business— shopping malls, restaurants, gyms — can tell you to leave.

However, business cannot discriminate or refuse service based on gender, race or religion due to the Civil Rights Act of 1964.

“Religion is protected. If one can make the argument that this is my religious hat, my religious head gear, religious cloak, that's protected,” Walker said.

In Troy, some people are organizing a protest against the gym. Burke said she has received threatening phone calls and messages. Still, she is sticking by her decision and she has had some new members sign up.

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