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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. -
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. -
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. -
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. -
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. -
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. -
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. -
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. -
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.