Which case applied the First Amendment to the states through the Fourteenth Amendment and began the incorporation doctrine?

Study for the US Supreme Court Cases Test. Prepare with flashcards and multiple choice questions, each question provides hints and explanations. Gear up for your exam day!

Multiple Choice

Which case applied the First Amendment to the states through the Fourteenth Amendment and began the incorporation doctrine?

Explanation:
The idea being tested is how First Amendment protections can be applied to state governments through the Fourteenth Amendment, starting the incorporation doctrine. Gitlow v. New York (1925) is the case that did this: the Court held that the freedoms of speech and press guaranteed by the First Amendment are enforceable against state governments as well, using the Due Process Clause of the Fourteenth Amendment. This marked the beginning of selective incorporation—over time, more First Amendment protections and other rights have been applied to the states on a case-by-case basis. Other cases listed don’t fit this exact milestone. Marbury v. Madison established judicial review; Gibbons v. Ogden dealt with federal power over interstate commerce; Mapp v. Ohio, while important for applying the exclusionary rule to the states, is about a different constitutional protection rather than the start of incorporation of the First Amendment itself.

The idea being tested is how First Amendment protections can be applied to state governments through the Fourteenth Amendment, starting the incorporation doctrine. Gitlow v. New York (1925) is the case that did this: the Court held that the freedoms of speech and press guaranteed by the First Amendment are enforceable against state governments as well, using the Due Process Clause of the Fourteenth Amendment. This marked the beginning of selective incorporation—over time, more First Amendment protections and other rights have been applied to the states on a case-by-case basis.

Other cases listed don’t fit this exact milestone. Marbury v. Madison established judicial review; Gibbons v. Ogden dealt with federal power over interstate commerce; Mapp v. Ohio, while important for applying the exclusionary rule to the states, is about a different constitutional protection rather than the start of incorporation of the First Amendment itself.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy