Below you will find pages that utilize the taxonomy term “Incorporation”
Gitlow v. New York
Gitlow v. New York (1925)
1) Link to the Actual Opinion
Read the U.S. Reports opinion (PDF)
2) Summary of the Opinion
Benjamin Gitlow, a socialist, was convicted under New York’s criminal anarchy law for publishing a manifesto advocating revolutionary socialism. The Supreme Court upheld his conviction but, for the first time, held that the First Amendment’s free speech protections apply to the states through the Due Process Clause of the 14th Amendment.
Near v. Minnesota
Near v. Minnesota (1931)
1) Link to the Actual Opinion
Read the U.S. Reports opinion (PDF)
2) Summary of the Opinion
Jay Near published a scandal sheet accusing local officials of corruption. Minnesota tried to shut down his paper under a “public nuisance” law. The Supreme Court struck down the law, ruling that it imposed unconstitutional prior restraint on the press.
3) Why It Mattered
This was the first major case protecting freedom of the press from state censorship. It established that government generally cannot stop publications before they’re printed.
Gideon v. Wainwright
Gideon v. Wainwright (1963)
1) Link to the Actual Opinion
Read the U.S. Reports opinion (PDF)
2) Summary of the Opinion
Clarence Earl Gideon was charged with felony breaking and entering in Florida. He requested a court-appointed lawyer but was denied under state law. Forced to represent himself, he was convicted. The Supreme Court unanimously ruled that the Sixth Amendment right to counsel applies to the states through the 14th Amendment.
McDonald v. Chicago
McDonald v. Chicago (2010)
1) Link to the Actual Opinion
Read the U.S. Reports opinion (PDF)
2) Summary of the Opinion
Otis McDonald and other Chicago residents challenged the city’s handgun ban after District of Columbia v. Heller (2008). The Supreme Court ruled 5–4 that the Second Amendment right to keep and bear arms applies to the states through the Due Process Clause of the 14th Amendment.
3) Why It Mattered
This case incorporated the Second Amendment against the states, ensuring that the right recognized in Heller applied nationwide.