Differences from U.S. Constitution
The Oregon Constitution is easier to amend than its federal counterpart. Amending the U.S. Constitution requires a two-thirds vote in
Congress and ratification by three-fourths of the states. In Oregon, once an initiative amendment to its constitution has been placed on the ballot by initiative petition, or once a legislative amendment has been referred to the people by a simple majority vote in the
state legislature, a simple majority of favorable votes is enough to ratify it. Placing a petition for an amendment on the ballot requires a number of valid signatures of registered voters equal to eight percent of the total number of votes cast in the last gubernatorial election, higher than the six percent required for a change in statute. The Oregon Constitution can also be revised by the Oregon Legislative Assembly with a two-thirds supermajority vote in each house, which then requires a simply majority of voters to ratify. See the
list of Oregon ballot measures for initiative amendments.
Freedom of Speech The right to free speech in Oregon is broader than the federal level: In
State v. Robertson, the
Oregon Supreme Court has cited this right against parts of Oregon's disorderly conduct statute, against content-based restrictions on billboards and murals, and against laws restricting the sale of
pornography. Later in 1987, the court cited this provision when it abolished the state's
obscenity statute in
State v. Henry.
Right to Bear Arms and Right to Self-Defense The right to bear arms granted by the Oregon Constitution is also considered broader than federal rights granted under the
Second Amendment, as Oregon's Constitution specifically states the right to bear arms is not only for militia purposes, but also includes the right for individual self-defense: In State v. Kessler (1980), the
Oregon Supreme Court struck down a state law making the mere possession of a billy club a criminal act as being unconstitutional under Article I, section 27. In State v. Delgado (1984), the
Oregon Supreme Court struck down a state ban on switchblade knives as being unconstitutional under Article I, section 27. In City of Portland v. Lodi (1989), the
Oregon Supreme Court struck down a
Portland city ordinance that prohibited carrying concealed knives with blades longer than 3.5 inches as being unconstitutional under Article I, section 27. In State v. Turner (2008), the
Oregon Court of Appeals established the key legal standard for what constitutes carrying a concealed weapon. While the court upheld the charges of unlawful possession of a concealed weapon against the defendant in this case, it also addressed police stops clarifying that an officer must have reasonable suspicion to stop someone, further clarifying that the mere lawful carrying a visible weapon in-and-of-itself is not grounds to stop someone, as they are exercising their rights under Article I, Section 27. In Oregon v. Christian (2013), the
Oregon Supreme Court affirmed the constitutionality of a Portland ordinance that prohibited the possession of certain weapons, including knives, in public places like government buildings and courthouses. However, the court also reaffirmed the ruling in State v. Delgado that the general carrying of a switchblade knife is a fundamental right under Article I, Section 27. In Arnold v. Kotek (2025), the
Oregon Court of Appeals upheld
Measure 114's ban on
magazines with a capacity larger than 10 rounds, and upheld the requirement for a
permit to purchase a firearm as being constitutional. Although the appellate court did acknowledge that a magazine is an integral part of a firearm and therefore enjoys constitutional protection, and that further efforts to restrict their use would likely constitute a violation of Article I, Section 27. The court also held that anything other than a "shall issue" policy for firearm permits would violate Article I, Section 27. The case it set to be heard by the
Oregon Supreme Court, oral arguments were scheduled for November 6, 2025 and a ruling is expected by the end of the year. ==Text==