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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The Landmark Case That Extended Speech Rights on Private Property
In 1980, the New Jersey Supreme Court ruled that Princeton University could not exclude members of the public from distributing political materials on campus.
State High Courts Split on Laws Letting Survivors of Sexual Abuse Sue After Expiration of Statutes of Limitations
State supreme courts have emphasized different constitutional provisions to decide whether bills reviving time-barred civil causes of action for child sexual abuse claims are constitutional.
The West Virginia Constitution: Mountaineers Are Always Free
An early West Virginia constitution emancipated enslaved people in 1863, more than a year before the U.S. Constitution.
State Court Oral Arguments to Watch for in November
Issues on the dockets include indigent defense crises in multiple states, what’s been called a “de facto repeal” of citizens’ initiative power, and a voter-approved ban on large-capacity magazines.
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.