The case that comes to mind is not really on point, but it is nonetheless
an example of unconstitutional legislative incorporation of constitutional
law terminology (if legislature is interpreted broadly): the ban on all
First Amendment activities in the resolution of the Board of Airport
See
http://www.jstor.org/stable/1073407
Of course, if a statute incorporates a constitutional test that, according
to the Court, had required it to do things no article III court could do --
which is one reading of Smith, namely, that application of the
Sherbert/Yoder test was beyond the
If I remember correctly (and I might not), California has at least a couple of
statutes that require state courts to apply rigorous free speech doctrine in
circumstances where the doctrine would not apply under the Court's decisions.
One law prohibits private colleges (and perhaps high schools)
