Bill of Rights Incorporation Into the States

  • Gitlow v. New York

    In 1925, Benjamin Gitlow was convicted under New York's anarchy laws for publishing 16,000 copies of a left-wing manifesto. This was brought up to the Supreme Court where they concluded that this violated his rights under the 14th amendment. The Supreme Court then identified that freedom of speech and press are among the fundamental rights and liberties that are protected by the due process clause in the 14th amendment. This was the domino for the Incorporation Doctrine.
  • De jonge v. Oregon

    De Jonge when addressing jail conditions, while at a meeting held by the communist party, was arrested for violating the state's statute. De Jonge argued that the evidence wasn't good enough to warrant his arrest. The Supreme Court found that De Jonge didn't take part in violating the statue, only assembling the people, applying the right to assembly to the states through the 14th amendment.
  • Cantwell v. Connecticut

    Newton Cantwell ( cool name btw ) and his sons were arrested for going door-to-door trying to convert a mainly catholic neighborhood. The supreme court ruled that while the soliciting charge was valid, restriction based on a religion was not. They ruled that his and his sons' actions were protected by the 1st and 4th amendment through the Free Exercise Clause. The Supreme Court established that the Free Exercise Clause applies to the states through the 14th amendment.
  • Mapp v. Ohio

    Mapp was arrested when police raided after demanding entry to her house on suspicion that she was harboring a bomber, but they didn't have a warrant, arresting her off of finding pornographic photos. Mapp argued that this violated her 4th amendment rights and appealed her case to the Supreme Court. They ruled in favor of Mapp and applied the Due Process Clause in the 14th amendment.
  • Robinson v. Cali

    In 1962, Robinson was found guilty in California court for being addicted to narcotics. Though, his conviction was appealed on the grounds of cruel and unusual punishment through the Supreme Court in a 2-6 ruling that stated that imprisoning people on the basis of being addicted was cruel and unusual if not involved in the action of purchase, sale, or possession of illegal drugs. Robinson had been convicted without being involved in these actions, violating his 8th and 14th rights.
  • Gideon v. Wainwright

    Gideon was charged with breaking and entering without the intention to commit a misdemeanor. When he appeared in court he asked for counsel since he couldn't afford an attorney, but he was denied on the basis that he wasn't being charged for capital offenses, making him represent himself. Gideon was found guilty and sent a petition to the Supreme Court while in jail. The Supreme Court heard his case and said that the 6th amendment is essential, applying the 14th amendment to the states
  • Miranda v. Arizona

    Ernesto Miranda was arrested in his house and interrogated for 2 hours without being read his 5th amendment rights. The Supreme Court heard his case in a 5-6 ruling, saying that to protect the privilege, there were things that had to be used as safeguards Some of the judges agreed that by having such strict restrictions on the 5th amendment completely ruined the amendment. The court applied the 5th amendment to the states making people to be read their miranda rights to avoid self-incrimination.
  • Klopfer v. North Carolina

    In 1967, Klopfer was charged with criminal trespass when participating in a civil rights demonstration at a restaurant. During the trial, the jury couldn't reach a verdict and the court continued the case two times before the prosecutor stopped prosecuting the case. This allowed the state to hold the case for however long. Klopfer argued that this violated his 6th amendment right with the Supreme court agreeing, applying the amendment to the state.
  • Benton v. Maryland

    In 1969, John Benton was charged for both burglary and larceny in Maryland. The jury found him guilty of burglary but not larceny and was sentenced to ten years. He won his appeal but was found guilty of both charges in the new court. He then appealed AGAIN on double jeopardy. The Supreme court agreed and overruled on their previous decision in Palko v. Connecticut, applying the 5th amendment to the states.
  • McDonald v. City of Chicago

    In 2010, the court ruled that the Second Amendment's individual right to bear arms for self-defense applies to state and local governments, striking down Chicago's handgun ban. The ruling applied the previous decision in District of Columbia v. Heller to the states through the Fourteenth Amendment's Due Process Clause which required all states to permit people the right to keep and bear arms.