April is Poetry Month!

As April is poetry month, one would be remiss in failing to mention some excellent poems regarding a seminal state case.

In State v. Gunwall, the Washington State Supreme Court created a list of six factors which it uses to determine when the state constitution provides greater protections than the federal constitution. These factors include:

  1. Language of the state constitution
  2. Differences between parallel federal and state constitutional provisions
  3. History of the state constitution and common law
  4. Pre-existing state law
  5. Structural differences between the federal and state constitutions
  6. Whether the subject matter is of particular state interest or local concern.

Though no longer mandatory (after Woodinville v. Northshore United Church of Christ) it is a good idea to brief the factors whenever arguing that freedoms should be expanded under the state constitution!

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