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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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.
State Court Oral Arguments to Watch for in February
Issues on the dockets include a fetal heartbeat law, police use of force, and academic freedom.
Scholarship Roundup: New Year Edition
The last few months brought a rich array of articles and books about state constitutions, courts, and governance.
California Lawsuits Test Boundaries of the Right to Protest
Students and faculty have sued UCLA and UC Santa Cruz for shutting down encampments.
State Court Oral Arguments to Watch for in December
Issues on the dockets include school funding, protection of children in foster care, and the death penalty.