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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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.
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.
Virginia Supreme Court Announces Expansive Interpretation of Religious Liberties Protection
The justices rejected the federal First Amendment standard but differed about what the standard should be and how to discern the original meaning of the state constitutional provision.
Florida Supreme Court Rules Marsy’s Law Does Not Bar Release of Police Names After Shootings
The court said that a broad reading of the victims’ rights amendment would be at odds with other parts of the Florida Constitution.
Documentary Tells Tale of Muskogee Nation Free Press Constitutional Amendment
Advocates fought to add both freedom of the press and a stable source of funding for independent media to the tribal constitution.
Colorado Supreme Court Upholds Controversial Google Keyword Warrant
The decision marks the first time a supreme court has addressed the constitutionality of warrants asking search companies to identify everyone who ran a given search.