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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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.
Virginia Courts Are Revisiting How to Interpret the State Constitution
A recent case announcing greater state protection of religious liberties than under federal law marked a turning point in Virginia jurisprudence.
The History of Dueling and State Constitutions
State constitutions helped end dueling — a deadly way men proved their “honor” — in a way state laws could not.
The Right to Petition in State Constitutions, Explained
Some states protect citizens’ right to make requests of or complaints against the government more broadly than the federal Constitution.
Idaho’s Constitution Promotes Freedom and Common Welfare
The state is still governed by its original constitution, drafted in 1889.
The Utah Constitution Is ‘Distinctively Undistinctive’
The original charter sought to limit the influence of the state’s distinct religious history.
When May a State Restrict Religious Gatherings?
A challenge to Covid-19–era limits on church services reaches the Delaware Supreme Court.
No State Actor, No Problem
Unlike the U.S. Constitution, state constitutions can impose obligations on private actors.