First amendment detail 1 550x352

Process of Incorporation

  • Chicago, Burlington, and Quincy Railroad Company v. City of Chicago

    Chicago, Burlington, and Quincy Railroad Company v. City of Chicago

    Ruled that determined the Due Process Clause of the Fourteenth Amendment, requiring states to provide just compensation for seizing private property.
  • Gitlow v. New York

    Gitlow v. New York

    This was a landmark decision of the United States Supreme Court holding that the Fourteenth Amendment to the United States Constitution had extended the First Amendment's provisions protecting freedom of speech and freedom of the press to apply to the governments of U.S. states.
  • Near v. Minnesota

    Near v. Minnesota

    This is a landmark decision of the US Supreme Court under which prior restraint on publication was found to violate freedom of the press as protected under the First Amendment. This principle was applied to free speech generally in subsequent jurisprudence.
  • DeJonge v. Oregon

    DeJonge v. Oregon

    This is a case where the Supreme Court of the United States ruled that the Fourteenth Amendment's Due Process Clause applies freedom of assembly against the states.
  • Cantwell v. Connecticut

    Cantwell v. Connecticut

    This is a landmark court decision by the United States Supreme Court holding that the First Amendment's federal protection of religious free exercise incorporates via the Due Process Clause of the Fourteenth Amendment, which applies to state governments too.
  • Everson v. Board of Education of the Township of Ewing

    Everson v. Board of Education of the Township of Ewing

    This is a landmark decision of the United States Supreme Court that applied the Establishment Clause of the First Amendment to state law.
  • In re Oliver

    In re Oliver

    This is a decision by the United States Supreme Court involving the application of the right of due process in state court proceedings.
  • Mapp v. Ohio

    Mapp v. Ohio

    This was a case in which the Court decided that evidence obtained illegally may not be used against someone in a court of law by the Fourth Amendment.
  • Robinson v. California

    Robinson v. California

    This was the first landmark decision of the United States Supreme Court in which the Eighth Amendment of the Constitution was interpreted to prohibit the criminalization of particular acts or conduct, as contrasted with prohibiting the use of a particular form of punishment for a crime.
  • Gideon v. Wainwright

    Gideon v. Wainwright

    This was a landmark U.S. Supreme Court decision in which the Court ruled that the Sixth Amendment of the U.S. Constitution requires U.S. states to provide attorneys to criminal defendants who are unable to afford their own.
  • Edwards v. South Carolina

    Edwards v. South Carolina

    This was a landmark decision of the US Supreme Court ruling that the First and Fourteenth Amendments to the U.S. Constitution forbade state government officials to force a crowd to disperse when they are otherwise legally marching in front of a state house.
  • Ker v. California

    Ker v. California

    This was a case before the United States Supreme Court, which incorporated the Fourth Amendment's protections against illegal search and seizure. The case was decided on June 10, 1963, by a vote of 5–4.
  • Malloy v. Hogan

    Malloy v. Hogan

    This was a case in which 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

    Pointer v. Texas

    This was a decision by the United States Supreme Court involving the application of the right to confront accusers in state court proceedings.
  • Washington v. Texas

    Washington v. Texas

    This is a United States Supreme Court case in which the Court decided that the Compulsory Process Clause of the Sixth Amendment to the Constitution is applicable in state courts as well as federal courts.
  • Klopfer v. North Carolina

    Klopfer v. North Carolina

    This was a decision by the United States Supreme Court involving the application of the Speedy Trial Clause of the United States Constitution in state court proceedings.
  • Duncan v. Louisiana

    Duncan v. Louisiana

    This was a significant United States Supreme Court decision that incorporated the Sixth Amendment right to a jury trial and applied it to the states.
  • Benton v. Maryland

    Benton v. Maryland

    This is a Supreme Court of the United States decision concerning double jeopardy. Benton ruled that the Double Jeopardy Clause of the Fifth Amendment applies to the states. Benton expressly overruled Palko v. Connecticut.
  • Schilb v. Kuebel

    Schilb v. Kuebel

    Ruled that the Illinois bail system did not violate the Equal Protection Clause of the U.S. Constitution. The case concerned the constitutionality of an Illinois bail statute.
  • Rabe v. Washington

    Rabe v. Washington

    This was a decision by the United States Supreme Court involving the application of obscenity laws and criminal procedure to the states.
  • Argersinger v. Hamlin

    Argersinger v. Hamlin

    This is a United States Supreme Court decision holding that the accused cannot be subjected to actual imprisonment unless provided with counsel. Gideon v. Wainwright made the right to counsel provided in the Sixth Amendment applicable to the states through the Fourteenth Amendment.
  • McDonald v. Chicago

    McDonald v. Chicago

    In a plurality opinion, a 5–4 majority held that “the right to possess a handgun in the home for self-defense” applies to the states through the Fourteenth Amendment's due process clause.
  • Timbs v. Indiana

    Timbs v. Indiana

    This was a United States Supreme Court case in which the Court dealt with the applicability of the excessive fines clause of the Constitution's Eighth Amendment to state and local governments in the context of asset forfeiture.