Speech and Religion
The First Amendment’s guarantee of freedom of speech, religion, the press, assembly, and petition are also embedded in analogous provisions in state constitutions. In many states, these provisions are worded differently than the First Amendment and may not be grouped into a single provision. Many states have also adopted Religious Freedom Restoration Acts, which provide added protections for religious freedoms. It is not uncommon for states to provide broader protections than the U.S. Constitution for the press, commercial speech, artistic expression, religious freedom, and other rights.
Speech, religion, and assembly rights can also be implicated in other categories of cases, such as challenges to restrictions on voting or abortion, or lawsuits involving civil rights, discrimination, employment, or the rights of criminal defendants.
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Religious Freedom Claims Could Provide New Path to Protect Abortion Rights
Challenges to abortion bans by religious plaintiffs have had mixed results.
Anti-Choice States Target Organizations Providing Information About Abortion
Attorneys general in Florida, Missouri, and South Dakota sued pro-choice organizations under state consumer deception and RICO laws.
Missouri High Court Decision Offers Lessons About Advancing Voting Rights
The court blocked restrictions on voter registration efforts as violating free speech rights.
State Court Oral Arguments to Watch for in May
Issues on the dockets include mid-decade redistricting, defendants’ access to social media evidence, and mandatory judicial retirement.
The Rhode Island Constitution: Royal Charter and a Modern Constitutional Convention
The Ocean State’s constitution is notable for protection of its surrounding waters; an update to the document in the 1980s included more than 40 amendments.
State Court Oral Arguments to Watch for in April
Issues on the dockets include ranked-choice voting, de facto life sentences, so-called “shadow” foster care, and defamation against a drag performer.
Religious Freedom and Abortion
Religious liberty protections have been steadily extended in both state and federal court over the last two decades. In some states, plaintiffs are arguing religious liberty includes a right to an abortion, with some success.
The New Mexico Constitution: Heavily Influenced By Its Land, Culture, and Peoples
The rights of Spanish speakers, including public school students, are uniquely protected.