Process of Incorporation

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

    Ruled that the 14th Amendment due process clause requires states to provide fair compensation for seizing private property, therefore applying the 5th Amendment concept of eminent domain to state governments.
  • Gitlow v. New York

    Ruled that a state could prohibit speech advocating violent efforts to overthrow the government, but also stated that the due process clause of the 14th Amendment protects freedom of speech, therefore applying this provision of the 1st Amendment against state governments.
  • Near v. Minnesota

    Ruled that a state law allowing for prior restraint, or banning speech/publication before it is printed, is unconstitutional (except in extremely rare cases) due to the 14th Amendment’s due process clause, therefore applying the 1st Amendment provision of freedom of the press against state governments.
  • De Jonge v. Oregon

    Ruled unconstitutional a state law allowing for the arrest of a person attending a Communist Party meeting, as the due clause of the 14th Amendment protects the right to peaceful assembly, therefore applying this provision of the 1st Amendment against state governments.
  • Cantwell v. Connecticut

    Ruled unconstitutional an ordinance requiring a permit for solicitation, as it allowed local officials to determine which causes were religious and which were not, which violated the 1st and 14th Amendments, therefore applying the free exercise of religion provision to state and local governments.