Gitlow vs. New York 1925

Background Information  Gitlow v. New York was a Supreme Court decision which ruled that the Fourteenth Amendment had extended limitations, specifically those protecting freedom of speech and press, on the federal government authority set in the First Amendment to the individual states’ government.

Setting the Precedent  Gitlow v. New York set the precedent for many court cases to come due to its new idea of selective incorporation.  Selective incorporation is the process by which certain of the guarantees expressed in the Bill of Rights become applicable to the states through the Fourteenth amendment.  In this case, the First Amendment was incorporated.  It established the standard that a state or federal government would be held to when dealing with criminalized speech and writing.

Gideon v. Wainwright  Unanimously ruled that courts are required under the Fourteenth Amendment to provide counsel to all defendants in criminal cases who cannot afford one.  This case used the precedent set in Gitlow v. New York through selective incorporation to incorporate the Sixth amendment to the states.

Wolf v. Colorado  Ruled that under the Fourteenth Amendment through the Due Process clause, the Fourth amendment, which guards against unreasonable searches and seizures, was applicable to the states.

De Jonge v. Oregon  The Court found that Dirk De Jonge had the right to organize a Communist Party and speak at its meetings even though it advocated political change in Revolution.  Through the Due Process Clause of the Fourteenth Amendment, freedom of assembly became applicable to the states.

Near v. Minnesota  The Court ruled that a Minnesota law that targeted publishers of newspapers that were “malicious” and “scandalous” violated the First Amendment, made possible under the Fourteenth Amendment.

Powell v. Alabama  The defendant’s conviction was unconstitutional because he was not given a counsel for his trial.  Ruled that in a capital trial, the defendant has to be given a counsel due to the incorporation of the Sixth Amendment through due process of the Fourteenth Amendment.

Everson v. Board of Education  This was the first case that incorporated the Establishment Clause from the First Amendment to the states through the Due Process clause of the Fourteenth Amendment.  The Supreme Court ruled that the New Jersey law did not violate the Establishment Clause.

Mapp v. Ohio  Ruled that evidence obtained violating the Fourth Amendment cannot be used in court.  The court used selective incorporation to apply the Fourth Amendment, guarding against unreasonable search and seizure, to the states.

Benton v. Maryland  Ruled that through the Fourteenth Amendment, the Fifth amendment which guards against double jeopardy is applicable against the states.

Griswold v. Connecticut  Another case that set the precedent for many other cases.  Ruled that the Constitution protected a right to privacy and using the Due Process clause of the Fourteenth Amendment.

Robinson v. California  Ruled that it was cruel and unusual punishment to keep someone in civil imprisonment due to a narcotic addiction because it is considered an illness.  The courts applied the Eighth Amendment to the states in this case through the Fourteenth Amendment.