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 May
Issues on the dockets include voting restrictions, gun regulations, and free speech rights.
Georgia Courts to Consider Legislative Oversight of Prosecutorial Discretion — Again
District attorneys in Georgia are challenging a statute that allows elected prosecutors to be disciplined and removed for their prosecutorial decisions and speech.
A Conversation with Former Texas Chief Justice Wallace B. Jefferson
Jefferson spoke about judicial independence, the under-funding of courts, and the need for greater access to counsel.
Rap on Trial
Courts should be wary of allowing prosecutors to introduce rap lyrics as evidence.
Virginia Supreme Court Announces Expansive Interpretation of Religious Liberties Protection
Efforts to Keep Trump Off 2024 Ballot Move Through State Courts
Courts are considering claims that Trump engaged in an insurrection and is disqualified from running for president under Section 3 of the 14th Amendment.
Florida Supreme Court Rules Marsy’s Law Does Not Bar Release of Police Names After Shootings
Documentary Tells Tale of Muskogee Nation Free Press Constitutional Amendment