What was the first Supreme Court case to selectively incorporate the Bill of Rights protections against the states in 1925?
Asked by: Rosamond Jones | Last update: January 11, 2026Score: 4.4/5 (51 votes)
Gitlow v. New York—decided in 1925—was the first Supreme Court decision applying the First Amendment's free speech protections to abuses by state governments.
What was the first case of selective incorporation of the Bill of Rights?
Background information on Selective Incorporation. The first case where the Court held that the 14th Amendment did apply to the states was Chicago, Burlington & Quincy Railroad Co. v. City of Chicago, 166 U.S. 226 (1897).
What Court cases have selectively incorporated the Bill of Rights?
Supreme court cases and rulings
Ultimately, the Supreme Court adopted the selective incorporation doctrine in the 1937 case of Palko v. Connecticut. That decision rejected total incorporation and established a selective incorporation definition and guidelines for applying it.
What 1925 case led to the incorporation of the Bill of Rights nationwide?
The Incorporation of the First Amendment
The First Amendment, which guarantees freedoms such as speech and religion, serves as a cornerstone of selective incorporation. Key cases like Gitlow v. New York (1925) extended the freedom of speech to state actions, ruling that states cannot infringe on this right.
Which Supreme Court case incorporated the First Amendment to the states?
New York, 268 U.S. 652 (1925), 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.
What Led The Supreme Court To Rule That The Bill Of Rights Applied To The States? - CountyOffice.org
Why was the case of Tinker v. Des Moines important?
By deciding that school officials cannot censor student speech unless it materially and substantially disrupts the educational process the court set a precedent that is still cited in student free speech cases, including Hazelwood v. Kuhlmeier and Morse v.
What did the Supreme Court use to incorporate the Bill of Rights?
However, following the ratification of the Fourteenth Amendment, the Supreme Court has interpreted the Fourteenth Amendment's Due Process Clause to impose on the states many of the Bill of Rights' limitations, a doctrine sometimes called incorporation against the states through the Due Process Clause.
What event led to the US Bill of Rights?
Most historians believe that the pivotal event was the Stamp Act, passed by the English Parliament in 1765. Taxes were imposed on every legal and business document. Newspapers, books and pamphlets were also taxed.
When was the First Amendment selectively incorporated?
But scholars often argue that the Court really began the process in earnest with Gitlow v. New York in 1925. There, the Court applied the First Amendment's protection of the freedom of speech/press against the states.
What are some examples of Supreme Court cases that focused on the Rights of the accused in the 1960s?
Miranda v.
Arizona in 1966, the Supreme Court considered four separate cases where defendants confessed to crimes after they were arrested and interrogated by police without being informed of their right to have an attorney present.
What two Supreme Court cases have provided us with the right to privacy?
Eisenstadt v Baird (1971), and Lawrence v. Texas (2003) are two of the most prolific cases in which the Court extended the right to privacy. In each of these cases, the Court relied upon the Fourteenth Amendment, not penumbras.
Which 1937 Supreme Court case established the principle of selective incorporation?
Question: Does a second trial in a state court for the same crime violate a defendant's right to due process under the Fourteenth Amendment? In Palko v Connecticut (1937) the court rejected total incorporation and adopted the doctrine of selective incorporation.
What was the first Supreme Court case involving the Commerce Clause?
Gibbons v. Ogden (1824) vastly expanded the powers of Congress through a single clause in the Constitution: the Commerce Clause of Article I, Section 8.
How did the U.S. Supreme Court begin the incorporation of the US Bill of Rights into state criminal due process with the case of Mapp v Ohio 1961 )?
The U.S. Supreme Court ruled in a 5-3 vote in favor of Mapp. The high court said evidence seized unlawfully, without a search warrant, could not be used in criminal prosecutions in state courts.
What happened in July 1925?
July 10-21 1925. The “Scopes Monkey Trial” takes place in Dayton, Tennessee. John T. Scopes is arrested on May 5th for teaching the theory of evolution in violation of state law.
Is it illegal to teach evolution in Tennessee?
The law, "An act prohibiting the teaching of the Evolution Theory in all the Universities, and all other public schools of Tennessee, which are supported in whole or in part by the public school funds of the State, and to provide penalties for the violations thereof" (Tenn.
What was the outcome of Lynch v Donnelly?
Residents and others challenged the inclusion of the creche as a violation of the First Amendment's Establishment Clause. In a 5-4 decision, the Supreme Court rejected the challenge—ruling that the religious display on public property didn't violate the Constitution because the display also served a secular purpose.
Why did the Supreme Court find in favor of the students in the Tinker case?
The court found that the First Amendment applied to public schools, and school officials could not censor student speech unless it disrupted the educational process. Because wearing a black armband was not disruptive, the court held that the First Amendment protected the right of students to wear them.
What did Gitlow argue in his case?
Gitlow was convicted under New York's Criminal Anarchy Law, which punished advocating the overthrow of the government by force. Gitlow challenged his conviction, arguing that the First Amendment restrains the states as well as the federal government and that the criminal anarchy law violated the First Amendment.
What is one Supreme Court case that dealt with incorporating constitutional rights?
Mapp v. Ohio (1961) incorporated the exclusionary rule of the Fourth Amendment, enhancing protection from unreasonable search and seizure. The right to a lawyer, guaranteed by the Sixth Amendment, was incorporated by the Court in Gideon v. Wainwright (1963).
What was the significance of the McCulloch v. Maryland Supreme Court case decision?
The court decided that the Federal Government had the right and power to set up a Federal bank and that states did not have the power to tax the Federal Government. Marshall ruled in favor of the Federal Government and concluded, “the power to tax involves the power to destroy."
Which Supreme Court case influences the content that students can include in their school newspapers?
Facts and case summary for Hazelwood v. Kuhlmeier, 484 U.S. 260 (1988) The First Amendment rights of student journalists are not violated when school officials prevent the publication of certain articles in the school newspaper.
Did Tinker win the case?
Decision: In 1969 the United States Supreme Court ruled in a 7-2 decision in favor of the students. The high court agreed that students' free rights should be protected and said, "Students don't shed their constitutional rights at the school house gates."