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Chicago, Burlington, and Quincy Railroad Company v. City of Chicago
Incorporates the 5th amendment of having just compensation.
-This case marked the first time that the Court incorporated a specific provision of the Bill of Rights – the "just compensation" requirement of the Fifth Amendment – through the Due Process clause of the Fourteenth Amendment and applied that requirement to the states. This approach set the stage for further incorporation of other Bill of Rights provisions. -
Gitlow v. New York
Incorporates the 1st amendment free speech and press.
Benjamin Gitlow was arrested and convicted under New York's Criminal Anarchy Law for distributing a "Left-Wing Manifesto" that advocated for the establishment of socialism in America. The Court upheld his conviction. -
Near v. Minnesota
Incorporates the first amendment right of the press. The Supreme Court ruled that a Minnesota statute allowing the suppression of publications deemed a public nuisance was unconstitutional, establishing a strong protection against prior restraint, or censorship, of the press. -
DeJonge v. Oregon
-Incorporates the 1st Amendment of the Bill of Rights involving freedom of speech and assembly.
Does Oregon's criminal syndicalism statute violate the due process clause of the Fourteenth Amendment? It was decided that it did violate the due process clause. -
Cantwell v. Connecticut
Incorporates the 1st amendment protection of religious freedom.
Newton Cantwell and his sons, Jehovah's Witnesses, were arrested in Connecticut after playing a phonograph record critical of Catholicism in a Catholic neighborhood, leading to charges of soliciting without a license and inciting a breach of the peace. -
Everson v. Board of Education of the Township of Ewing
Incorporated- the Establishment Clause of the first amendment.
Arch R. Everson, a taxpayer in Ewing Township, filed a lawsuit alleging that this indirect aid to religion violated both the New Jersey state constitution and the First Amendment.The Court decided that it did not violate the Constitution. -
In re Oliver
Incorporates the 6th Amendment right to a fair trial. The case involved a witness in a Michigan grand jury hearing who was convicted and sentenced to jail without proper notice or the opportunity to have legal representation. -
Mapp v. Ohio
Incorporates the fourth amendment protection against unreasonable searches and seizures.
- The Supreme Court ruled that evidence obtained through an illegal search and seizure by state and local police officers is inadmissible in state courts, extending the exclusionary rule to the states. -
Robinson v. California
Incorporates the 8th Amendment right of no cruel and unusual punishment.
In Robinson v. California, the Supreme Court ruled in 1962 that a state law making it a crime to be addicted to narcotics violated the Eighth Amendment's prohibition against cruel and unusual punishment, as addiction is a status, not a crime. -
Edwards v. South Carolina
Incorporates the 1st amendment right to free speech, assembly, and petition.
In 1961, a group of African American students, led by Benedict College theology student David Carter, marched from Zion Baptist Church to the South Carolina State House grounds to protest racial segregation. Many were arrested for protesting. However, the Court overturned the convictions. -
Gideon v. Wainwright
Incorporates the 6th Amendment right to council.
Clarence Earl Gideon was charged with breaking and entering a pool hall and was denied legal counsel because Florida law only provided attorneys for capital offenses. The Supreme Court, in a unanimous decision, agreed with Gideon, holding that the Sixth Amendment's right to counsel is a fundamental right essential to a fair trial. -
Ker v. California
Incorporates the fourth amendment which protects against unreasonable searches and seizures.
The case established that police may enter a home without a warrant under exigent circumstances, such as when investigating a suspected felony, and that arrests made in such situations are lawful. -
Malloy v. Hogan
Incorporates the 5th amendment guarantees against self incrimination.
The Supreme Court of the United States deemed defendants' Fifth Amendment privilege not to be compelled to be witnesses against themselves was applicable within state courts as well as federal courts, overruling the decision in Twining v. New Jersey. -
Pointer v. Texas
-Incorporated the 6th Amendment right to counsel.
-Did Texas violate Pointer's Sixth and Fourteenth Amendment rights by admitting evidence drawn from a preliminary hearing where Pointer was not represented by counsel? It was decided that it did violate it and he needed an opportunity to have council. -
klopfer v. north carolina
Incorporates the 6th Amendment right to a speedy trial.
-Peter Klopfer was charged with criminal trespass in North Carolina, and his case ended in a mistrial due to the jury's inability to reach a verdict. -
Washington v. Texas
Incorporates the Sixth Amendment compulsory process clause
Washington claimed that Fuller would testify to facts, but the prosecution objected based on a state statute that prevented persons charged in the same crime from testifying on behalf of one another.
The Court decided that Washington was denied the right of due process. -
Duncan v. Louisiana
-Incorporates the 6th Amendment guarantee of trial by jury.
Gary Duncan, an, African-american teenager in Louisiana, was found guilty of assaulting a boy by allegedly slapping him on the elbow. Duncan was sentenced to 60 days in prison and fined $150. Duncan's request for a jury trial was denied. -
Benton v. Maryland
Incorporates the 5th Amendment double jeopardy clause.
Benton was charged with burglary and larceny in a Maryland court. A jury found him not guilty of larceny but guilty of burglary. Benton's larceny conviction was overturned because of the double jeopardy clause. -
Schilb v. Kuebel
Incorporates the 8th Amendment involving bails.
The U.S. Supreme Court ruled that the Illinois bail system, which allowed defendants to deposit a percentage of their bail amount, did not violate the Equal Protection Clause of the Constitution. -
Rabe v. Washington
Incorporates the 6th amendment.
The Supreme Court reversed the obscenity conviction of a drive-in theater manager, holding that the state's obscenity law failed to provide fair notice that the location of the exhibition was a vital element of the offense, violating the Sixth Amendment -
Argersinger v. Hamlin
Part of Bill of Rights being incorporated- The 6th Amendment
Do the Sixth and Fourteenth Amendments guarantee a right to counsel to defendants who are accused of committing misdemeanors? It was decided that in order to have a fair trial involving jail time, the State is obliged to provide council. -
McDonald v. Chicago
Incorporates the second amendment right to bear arms.
The Court ruled that the Second Amendment right to keep and bear arms, as affirmed in District of Columbia v. Heller, applies to state and local governments through the Fourteenth Amendment's Due Process Clause. -
Timbs v. Indiana
Incorporated- the 8th Amendment excessive fines clause.
The Supreme Court ruled that the Eighth Amendment's protection against excessive fines is an incorporated protection applicable to the states, meaning states cannot impose fines that are grossly disproportionate to the offense.