It might be the ‘Land of the Free’, but some states certainly aren’t living up to the words of America’s national anthem.

New York, New Jersey and California are the least free in the U.S., based on an index of public policies affecting your individual freedoms.

The rankings are based economic, social and personal freedoms of Americans - and include measures such as taxes, government spending and regulations.

Map: New York, New Jersey and California are the least free states in the U.S., based on an index of public policies affecting your economic, social, and personal freedoms

But New Hampshire, South Dakota and Indiana are the most free states in the U.S., according to Virginia think tank the Mercatus Center.

New York is by far the least free state and has had ‘the most interstate emigration of any state over the last decade’, the 'Freedom in the 50 States' report said.

The state also has ‘by far the highest taxes in the country’ and ‘only Alaska has more government debt as a percentage of the economy’.

New York’s smoking and gun laws are ‘extremely’ strict, cigarette taxes are the ‘highest in the county’ and ‘motorists are highly regulated’.

The report recommends New York should legalise same-sex partnerships, cut spending, privatise transport systems and cut taxes.

Category weights: The rankings are based on factors such as taxes, government spending and regulations

California ‘aggressively interferes in the personal lives of its citizens’ and ‘needs to cut government spending’, the report said.

It added that labour laws are ‘extremely strict’ and the state’s ‘liability system almost reaches the abysmal quality of the Deep South’s’.

But New Hampshire’s gun laws are ‘among the most liberal in the country’, government debt has fallen and ‘effective retail-tax rates on wine and spirits are zero’.