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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State Court Oral Arguments to Watch for in October
Issues on the dockets include New York’s Voting Rights Act, investigations of gender-affirming care for minors, and Meta’s challenge to a disclosure law for political ads.
The Vermont Constitution: Early Grievances, Notable Early Protections, Still Evolving
The state’s constitution has lasted since 1793, but recent changes rid it of the vestiges of slavery and protect reproductive rights.
The Arizona Constitution: Deeply Skeptical of Power
Arizona’s governing document is easy to amend. While Arizonans have approved changes on issues like abortion and immigration, they use the right relatively sparingly.
State Court Oral Arguments to Watch for in September
Issues on the dockets include charter schools, minimum wage for live-in caregivers, online arbitration agreements, and a controversial handwritten date requirement for mail ballots.
Back-to-School Scholarship Roundup: State Courts, Constitutional Law, and Federalism
Recent books and law review articles discuss voter disenfranchisement, separation of church and state, and much more.
The New Jersey Constitution: A Tool of Good Governance, Not Partisan Politics
A 1947 constitution offered a needed update for a state saddled with a weak executive and a court system “out of Dickens.”
Recent State Judicial Opinions Critique Lockstepping
Justices in Connecticut, Texas, and Pennsylvania have called on their courts to embrace independent state constitutional interpretations.
Religious Freedom Claims Could Provide New Path to Protect Abortion Rights
Challenges to abortion bans by religious plaintiffs have had mixed results.