Case

Facts

Ruling

Connection to Selective Incorporation

Group 1: Barron v.
Baltimore - 1833

- John Barron co-owned wharf on

Baltimore harbor
-Sand accumulated in waters necessary
for Barrons wharfs success from
development and expansion
-Sued city to recover financial losses
- Covered the Just Compensation clause
of the 5th amendment.

-Each state has its own constitution and

therefore the Just Compensation clause
does not apply to the states
- The supreme court, and subsequently the
national government, had no authority
to apply the Bill of Rights to the states.

- Remained unchallenged until 1868, when the

Fourteenth amendment was added through
selective incorporation.
- SCOTUS had no AUTHORITY to apply BOR
to the statues until 14th Amendment ratified

Group 2: Gitlow v. New

York - 1925*

-Gitlow arrested for distribution of

socialist pamphlets advocating the
overthrow of the government by force
-Gitlow convicted under state anarchy
law
-Gitlow argued there was no negative
repercussion from his actions, and the
state penalized actions without
propensity to incitement of concrete
action.
- Sued under the due process clause of
the 14th amendment., stating that the
state violated his 1st amendment rights

-Free Speech Clause does not shield

Gitlow from the New York statute
-SCOTUS: Free press applies to the
states = fundamental right protected
by due process clause of the 14th
amendment from impairment by the
states

-The first amendment does apply to the states

-However, states can still deny rights if they have a
legitimate reason to do so (Gitlow advocated for
the violent overthrow)
- establishes the doctrine of selective
incorporation

Group 3: De Jonge v.
Oregon - 1937

-De Jonge arrested during a meeting of

the Communist Party
-Violated state criminal syndicalism
statute, which is defined as the doctrine
which advocates crime, physical
violence, sabotage or any unlawful acts
or methods as a means of accomplishing
or effecting industrial or political change

Question: Does Oregon's criminal

syndicalism statute violate the due
process clause of the Fourteenth
Amendment?
-The ruling was that Oregon violated De
Jonges 14th amendment rights of freedom
to assemble and violated his right to due
process.

Oregon is in violation of the Fourteenth

Amendment, this case goes against the freedom of
speech and right of to peacefully assemble. The
courts were trying to encompass/ make the state
law have the freedom to assemble and right to due
process to make state law more like the bill of
rights.

no

or revolution."

Group 4: Cantwell v.
Connecticut - 1940
no

Group 5: Gideon v.
Wainwright - 1963

no

- Jehovahs witnesses arrested for

spreading religious beliefs in a
predominantly catholic neighborhood
- arrested for violating a local ordinance
requiring a permit for solicitation and for
inciting a breach of the peace

The Court ruled that their 1st and 14th

Amendment rights were being, violated,
and that they reserved the right to free
communication of views

- Builds upon the first and fourteenth amendments

-first amendment allows for the freedom of
religious expression

-Gideon was charged with a felony and

found guilty
- Gideon requested a state appointed
lawyer, but he ended up representing
himself in state court because the FL
state constitution only appointed a
lawyer to poor people. (supported by the
Fed Court)
-Gideon filed a habeas corpus petition to
florida supreme court and argued the
court's decision violated his 6th
Amendment right to be represented by
counsel

State and Federal courts must respect the

rights of the defendant to put up a proper
defence. This includes the defendant's
right to an attorney if they could not
afford one themselves or simply did not
hire one.
- Also free

Expanded the sixth amendments assurance of a

counsel in criminal cases to felony defendants in
state courts

Omit Oregon, CT, and Gideon

Florida was violating the sixth amendment rights

to right to a lawyer.