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Gitlow v New York 1925

The Supreme Court used the due process clause to interpret the issue of incorporation.

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Gitlow v. New York was a Supreme Court case that established the principle of selective incorporation, ensuring that First Amendment rights are protected from state infringement through the Fourteenth Amendment's Due Process Clause.

Step-by-step explanation:

Gitlow v. New York and the Incorporation Doctrine

In Gitlow v. New York, the Supreme Court ruled that the First Amendment rights to freedom of speech and press were 'incorporated' through the Fourteenth Amendment's Due Process Clause. This legal doctrine, known as selective incorporation, mandated that state governments were also subject to the Bill of Rights, which previously applied only to the federal government. This landmark case represented a pivotal moment in constitutional law, underpinning the principle that states cannot infringe upon the fundamental liberties safeguarded by the First Amendment, and that individuals are entitled to the same rights at both state and federal levels.

The process of selective incorporation has had far-reaching implications, ensuring that various protections held within the Bill of Rights are applicable to the states. Over time, successive Supreme Court rulings have expanded this doctrine, protecting a variety of individual rights from state encroachment. This case, alongside others, is a cornerstone in the ongoing development of civil liberties and the American legal landscape.

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