Process of Incorporation

  • Gitlow v. New York

    Incorporated the First Amendment; the court ruled that the political speech was unconstitutional since it directly advocates the government's violent overthrow which is prohibited or goes over the boundaries of the First Amendment.
  • DeJonge v. Oregon

    Incorporated the First Amendment; the court had to decide whether Oregon's criminal strikes violated the Fourteenth Amendment. The court ruled that it did violate the due process of the Fourteenth Amendment and went over the boundaries of freedom of speech.
  • Cantwell v. Connecticut

    Incorporated the First Amendment; the court ruled that Cantwells' convictions were protected by the 1st and 14th Amendments from the free exercise clause. Also, the "free communication of views" is well protected if it does not involve threatening "bodily harm."
  • Everson v. Board of Education of the Township of Ewing

    Incorporated the First Amendment; the court had to rule whether New Jersey's rule/law violated the Establishment Clause of the First Amendment. The court ruled that New Jersey's law did not violate the Constitution and they only wanted to assist parents of all religions with getting their children to school.
  • Mapp v. Ohio

    Incorporated the Fourth Amendment; the court ruled that evidence found and obtained illegally is not to be allowed to be used by state and local police officers in court.
  • Ker v. California

    Incorporated the Fourth Amendment; the court ruled that police are allowed to enter a home without a warrant under extreme circumstances.
  • Pointer v. Texas

    Incorporated the Sixth Amendment; the court had to decide whether Texas violated Pointer's right by admitting evidence drawn from a preliminary hearing where counsel did not represent Pointer. The court ruled that Texas did violate Pointer's rights by restricting him to counsel.
  • Washington v. Texas

    Incorporated the Sixth Amendment; the court ruled that it was unconstitutional for Washington to deny the compulsory process which violated the due process clause.
  • Argersinger v. Hamlin

    Incorporated the Sixth Amendment; the court had to decide whether defendants had a right to counsel if they were accused of committing misdemeanors. The court ruled that states are required to provide an attorney to poor defendants in cases involving both serious and minor crimes.
  • Timbs v. Indiana

    Incorporated the Fourth Amendment; the court ruled that the protection against excessive fines is implied to the states as well.