Incorporation Cases in Constitutional Law

Barron v. Baltimore (1833), Incorporation

• Sued for loss of property value due to city actions violating the 5th Amendment.
• Court held unanimous that the Bill of Rights does not apply to states; no compensation jurisdiction.

Adamson v. California (1947), Incorporation

• Convicted of murder, his refusal to testify was used against him.
• Court held the 5th Amendment protection from self-incrimination does not apply to states through the 14th Amendment.

Rochin v. California (1952), Incorporation

• Convicted after LAPD forced him to vomit evidence without a warrant.
• Court recognized a violation of due process, noting that police conduct must not "shock the conscience."

Duncan v. Louisiana (1968), Incorporation

• Defendant's request for a jury trial denied for a misdemeanor assault case.
• Court ruled the 6th Amendment guarantees jury trials for serious crimes, requires states to provide such trials through the 14th Amendment.

McDonald v. Chicago (2010), Incorporation

• Chicago law required firearm registration and banned unregistered guns.
• Court ruled the 2nd Amendment applies to states via the Due Process Clause as a fundamental right.

Schenck v. United States (1919), Freedom of Speech

• Distributed anti-draft leaflets, arrested under the Espionage Act.
• Court upheld the conviction, establishing the "clear and present danger" test for speech during wartime.

Gitlow v. New York (1925), Freedom of Speech

• Socialist pamphlet advocating future revolution under Criminal Anarchy Act.
• Court ruled against NY for violating the 1st Amendment; recognized incorporation via the 14th Amendment.

Dennis v. United States (1951), Freedom of Speech

• Communist leaders advocated for overthrow under Smith Act.
• Court held Smith Act constitutional, clarifying that likelihood of action is irrelevant to determine advocacy.

Brandenburg v. Ohio (1969), Freedom of Speech

• KKK leader arrested for inciting violence via rallies.
• Court ruled the law unconstitutional, establishing the "imminent lawless action" standard replacing "clear and present danger."

Roth v. United States (1957), Obscenity

• Convicted for distributing nude magazines.
• Court ruled obscenity is not protected by the 1st Amendment but recognized social importance standards.

Miller v. California (1973), Obscenity

• Adult material ads via mail led to conviction.
• Court created a three-prong test to evaluate obscenity: community standards, legality under state law, and social importance.

R.A.V. v. City of St. Paul (1992), Fighting Words

• Arrested for burning a cross on a black family's lawn under biased speech law.
• Court held the ordinance unconstitutional due to content-based discrimination.

Virginia v. Black (2003), Fighting Words

• Convicted for cross burning, deemed intimidation.
• Court ruled not all cross burning constitutes intimidation, questioning the law's application.

Rust v. Sullivan (1991), Viewpoint Discrimination

• Prohibition on abortion counseling for Title X recipients.
• Court held the executive order valid, stating the government is not obligated to fund services regardless of viewpoint.

Brown v. Entertainment Merchants Association (2011), Viewpoint Discrimination

• California's law restricting violent video games to minors challenged.
• Court ruled the law unconstitutional, citing freedom of speech without exception for violent content.

New York Times v. Sullivan (1964), Libel

• Civil rights ad contained errors; sheriff sued for libel.
• Court ruled in favor of NYT, establishing that public figures must prove actual malice for libel.

West Virginia v. Barnette (1943), Symbolic Speech

• Compulsory flag salute for students challenged.
• Court ruled forcing salutes violates the 1st Amendment; highlights individual beliefs and dissenting opinions.

Tinker v. Des Moines (1969), Symbolic Speech

• Students wore armbands to protest; sent home for it.
• Court held that non-disruptive symbolic speech is protected by the 1st Amendment.

Morse v. Frederick (2007), Symbolic Speech

• Student suspended for pro-drug banner.
• Court ruled that schools can ban promotion of illegal drugs, asserting reduced rights for students.

NAACP v. Alabama (1958), Freedom of Association

• Alabama sought the NAACP's membership list.
• Court ruled this violated the 14th Amendment, protecting free association and political advocacy.

Boy Scouts v. Dale (2000), Freedom of Association

• Boy Scouts expelled a gay leader, violating NJ civil rights law.
• Court sided with Boy Scouts, citing the 1st Amendment right to expressive association.

New York Times v. United States (1971), Freedom of Press

• Pentagon Papers published, challenged by President as prior restraint.
• Court ruled preventing publication unjustified, safeguarding press freedom.

Buckley v. Valeo (1976), Campaign Finance

• Congress limited contributions to avoid corruption.
• Court delineated between restricting individual contributions and candidate expenditures, declaring the latter unconstitutional.

Citizens United v. FEC (2010)

• Legal challenge against restrictions on corporate political spending.
• Court ruled corporate funding of independent broadcasts protected under the 1st Amendment, equating it to individual rights.

Test your knowledge on landmark Supreme Court cases related to the incorporation of the Bill of Rights and its applicability to the states. This quiz covers significant cases such as Barron v. Baltimore and McDonald v. Chicago, focusing on key constitutional principles and rulings.