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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Texas Parental Rights Amendment Threatens to Invalidate Child Abuse Laws
During oral arguments in a child abuse case, some Texas Supreme Court justices seemed open to the possibility that the amendment protected parental violence against children.
Religious Freedom Claims Could Provide New Path to Protect Abortion Rights
Challenges to abortion bans by religious plaintiffs have had mixed results.
Ohio Supreme Court Reaffirms Text-First Approach in Decision Confirming Marsy’s Law Includes Police Officers
The court held that police officers can be considered “victims” under laws that give crime victims special protections.
New Year Scholarship Roundup: Federal-State Conflict, State Courts, and Election Administration
Several new articles explore state power in times of federal-state and interstate conflict.
Wyoming Supreme Court Set to Decide Whether Abortion Is Health Care
A lower court ruled Wyoming’s abortion ban violated a state constitutional amendment guaranteeing the right to make one’s own health care decisions.
2025’s Most Significant State Constitutional Cases
Leading legal thinkers weighed in on the state constitutional rulings our readers should know about from this past year.
State Court Oral Arguments to Watch for in December
Issues on the dockets include taxpayers’ standing to sue, incarcerated people’s rights to acquire property, and claims Instagram’s design is addictive.
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.