The online disagreement surrounding Macklemore’s removal from Ed Sheeran’s Loop Tour has raised a question that extends beyond music: Who controls the stage? The dispute involving Macklemore, Sheeran, and New England Patriots owner Robert Kraft provides an opportunity to examine the intersection of sports venues, entertainment, private property, and the First Amendment.
What Happened?
Macklemore was scheduled to perform as an opening act on Ed Sheeran’s U.S. tour. During a September 4 performance at MetLife Stadium in New Jersey, Macklemore expressed support for Palestinians, including saying “Free Palestine” and performing his song “Hind’s Hall.” Shortly afterward, Macklemore said Robert Kraft had objected to his planned performance at Gillette Stadium and had contacted other stadium owners about keeping him off the tour.[1]
Kraft, whose Kraft Group owns Gillette Stadium, confirmed that Macklemore would not perform there. Kraft said the stadium would not provide a platform for what he characterized as hate speech and pointed to Macklemore’s recent comments and what he described as a broader history of rhetoric and imagery he believed was offensive to the Jewish community. Macklemore rejected that characterization.[2]
On September 14, Macklemore was removed from the remaining U.S. dates of Sheeran’s tour. Tour promoter Messina Touring Group said venue owners had notified the promoter that they would not allow concerts with Macklemore in the lineup.[3]
But an interesting legal question remains: How much control does a stadium have over who gets to use its stage?
Who Actually Controls the Stadium?
The answer begins with ownership. Gillette Stadium is a privately financed sports and entertainment venue operated by the Kraft Group. It is home to the New England Patriots and New England Revolution, but it also hosts major concerts and other events.[4] That matters because the First Amendment generally restricts government action, not private decisions.
In Manhattan Community Access Corp. v. Halleck, the Supreme Court explained that a private entity does not become a state actor simply because it opens its property to speech. The First Amendment’s Free Speech Clause generally limits governmental, rather than private, restrictions on expression.[5]
That distinction makes the Macklemore situation at Gillette different from a government censoring a performer. A privately owned stadium generally has much more control over who performs on its property. Macklemore’s ability to express his views does not necessarily create a constitutional right to perform them on a privately owned stage.
That does not mean private venues have unlimited authority. Contracts, venue policies, and other laws can still affect what a venue or promoter may do. But the First Amendment itself generally does not require a private stadium to provide a platform for a particular speaker.
What Changes When the Venue Is Public?
The analysis becomes different when the government owns or controls the venue.
Government-controlled stadiums are still not automatically open stages where anyone has a constitutional right to perform. But when the government makes decisions about access to its property, the First Amendment can impose limits on those decisions.
A good example is Marilyn Manson, Inc. v. New Jersey Sports & Exposition Authority, involving a planned Marilyn Manson performance at Giants Stadium. The New Jersey Sports and Exposition Authority attempted to prevent Manson from performing, citing concerns about his anticipated performance. The Court granted a preliminary injunction and found a substantial likelihood that the venue’s restrictions were unreasonable or content-based.[6]
Importantly, the court did not conclude that Giants Stadium was a traditional public forum where anyone could perform at will. Instead, it recognized that even a government-controlled stadium could not simply rely on its authority over the venue to impose restrictions based on the content of a performer’s expression.
That distinction is important for sports venues. A stadium can have rules about safety, scheduling, contracts, and the types of events it hosts. But when the government is making the decision, excluding someone because of what they plan to say can raise a First Amendment issue.
So, Who Controls the Stage?
The Macklemore controversy shows why the answer depends on who controls the venue and why.
At a privately owned stadium like Gillette, the First Amendment generally does not require the owner to provide a platform for an artist’s speech. At a government-controlled stadium, however, a decision to exclude a performer because of their expression can raise constitutional concerns.
There is also a practical layer to the question. Stadium owners are not necessarily the only people making decisions about a concert. Artists, promoters, teams, venue operators, and other stakeholders may all have contractual roles. In Macklemore’s case, Sheeran later said the decision to remove Macklemore was made by the tour promoter after venue owners objected.[7]
Ultimately, the question is not simply whether an artist has free speech. The more complicated question is whether that speech must be allowed on someone else’s stage.
And in an almost ironic twist, the controversy never actually reached the Gillette stage. Sheeran’s September 25 and 26 concerts at Gillette Stadium, where Macklemore had been barred from performing, were ultimately canceled due to severe weather.[8] Sometimes, even after everyone has argued over who controls the stage, the weather gets the final word.
Sources
[1] Kanishka Singh, Reuters, “Macklemore dropped from Ed Sheeran’s US tour after ‘Free Palestine’ remarks” (Sept. 14, 2026).
[2] Nik DeCosta-Klipa, WBUR, “What to know about Robert Kraft’s involvement removing Macklemore from Ed Sheeran tour” (Sept. 15, 2026).
[3] Reuters, “Ed Sheeran’s opening acts quit tour after Macklemore axed for pro-Palestinian remarks” (Sept. 15, 2026).
[4] The Kraft Group, “Gillette Stadium.”
[5] Manhattan Community Access Corp. v. Halleck, 587 U.S. 802 (2019).
[6] Marilyn Manson, Inc. v. New Jersey Sports & Exposition Authority, 971 F. Supp. 875 (D.N.J. 1997).
[7] Jon Nacion, Variety, “Ed Sheeran Says Dropping Macklemore From Tour Was ‘Promoter’s Decision, Not Mine’” (Sept. 16, 2026).
[8] Neal Riley, CBS Boston, “Ed Sheeran’s Gillette Stadium concerts canceled due to nor’easter, tour promoter says” (Sept. 25, 2026).
Leave a Reply