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Gitlow v. New York
Gitlow argued that the state law violated his First Amendment rights to free speech and press, arguing that the state could not punish speech unless it presented a "clear and present dangerThe Court upheld Gitlow's conviction, but in doing so, it also recognized that the First Amendment's protections applied to the states via the Fourteenth Amendment's Due Process Clause -
Pointer v. Texas
the case addressed whether a defendant's Sixth Amendment right to confront witnesses is violated when the prosecution introduces evidence from a preliminary hearing where the defendant was not represented by counsel. The Supreme Court held that Texas violated Pointer's Sixth Amendment rights by admitting evidence from the preliminary hearing where he was not represented by counsel. -
Mapp v. Ohio
The case centered on whether the Fourth Amendment's protection against unreasonable searches and seizures, which previously only applied to the federal government, should also apply to the states. The Supreme Court, in a 6-3 decision, ruled that the exclusionary rule, which prevents the government from using illegally obtained evidence in court, applies to state governments as we -
Edwards v. South Carolina
The case centered on whether the state could criminalize the peaceful expression of unpopular views and whether the protesters' First Amendment rights to freedom of speech, assembly, and petition had been violated. The Court emphasized that the students' actions were an exercise of First Amendment rights "in their most pristine and classic form" and that peaceful assembly and protest are fundamental rights protected by the Constitution. -
Ker v. California
Cohen v. California (1971) is significant because the Supreme Court ruled that the First Amendment protects the right to express offensive language, even in public, as long as it doesn't incite violence or fall under other unprotected speech categories. The Supreme Court reversed Cohen's conviction, holding that the First Amendment protects even offensive speech, as long as it doesn't fall under exceptions like incitement to violence or obscenit -
Washington v. Texas
In Washington v. Texas (1967), the Supreme Court established that the Sixth Amendment's right to compulsory process, meaning the right to have witnesses in your favor, applies to the states through the Fourteenth Amendment's Due Process Clause. The Court ruled that a Texas statute barring co-participants in the same crime from testifying for each other violated this righ -
Benton v. Maryland
John Dalmer Benton was charged with burglary and larceny in Maryland, found not guilty of larceny but guilty of burglary, and sentenced to 10 years in prison. The Supreme Court agreed with Benton, holding that the Double Jeopardy Clause of the Fifth Amendment applies to state courts through the Fourteenth Amendment, effectively incorporating this right into state law. -
McDonald v. Chicago
The core question was whether the Second Amendment right to bear arms, as affirmed in District of Columbia v. Heller (which focused on federal gun control), also applied to state and local governments.
The Supreme Court, in a 5-4 decision, sided with McDonald, holding that the Second Amendment right to bear arms is a fundamental right protected by the Fourteenth Amendment's Due Process Clause, and therefore enforceable against the states.