Five U.S. states still retain archaic blasphemy statutes that criminalize speech critical of religion or religious doctrine. Though unenforceable under modern First Amendment precedent, these laws remain on the books in Massachusetts, Michigan, Oklahoma, Pennsylvania and South Carolina. Their continued presence enables harassment and sends the false message that the government may favor religion over free expression.
The U.S. Supreme Court made clear in Burstyn v. Wilson (1952) that states cannot ban so-called “sacrilegious” speech, yet these unconstitutional provisions have not been formally repealed. The FFRF Action Fund supports repeal efforts in every state where blasphemy laws remain, with active efforts underway in four states: Massachusetts, Michigan, Oklahoma and Pennsylvania.
Find out more. See Toolkit.
