Process of Incorporation Cases

  • Chicago, Burlington, and Quincy Railroad Company v. City of Chicago

    Chicago, Burlington, and Quincy Railroad Company v. City of Chicago
    The Court held that the Due Process clause required the states to award just compensation when taking private property for public use. Eminent Domain was incorporated into this case.
  • Gitlow v. New York

    Gitlow v. New York
    New York could prohibit advocating violent efforts to overthrow the government under the Criminal Anarchy Law. Freedom of speech was incorporated in this case
  • Near v. Minnesota

    Near v. Minnesota
    Prior restraints on speech are generally unconstitutional, such as when they forbid the publication of malicious, scandalous, and defamatory content. This was based on the first amendment, freedom of press.
  • Powell v. Alabama

    Powell v. Alabama
    Nine black youths, described as, "young, ignorant, and illiterate," were accused of raping two white women. Alabama officials sprinted through the legal proceedings, did all trials in one day and all nine were sentenced to death. The right to an attorney in state capital cases was incorporated in is case
  • Cantwell v. Connecticut

    Cantwell v. Connecticut
    Cantwell and his sons were arrested and charged with violation of a Connecticut statute requiring solicitors to obtain a certificate before soliciting funds from the public, and inciting a common-law breach of the peace. This is a violation of free exercise of religion.
  • Everson v. Board of Education of the Township of Ewing

    Everson v. Board of Education of the Township of Ewing
    A New Jersey law authorized reimbursement by local school boards of the costs of transportation to and from schools, including private schools. 96% of the private schools who benefited from this law were parochial Catholic schools. This was establishment of religion.
  • In re Oliver

  • Mapp v. Ohio

    Mapp v. Ohio
    Dollree Mapp was convicted of possessing obscene materials after an admittedly illegal police search of her home for a fugitive.
  • Robinson v. California

    Robinson v. California
    A jury found defendant guilty under a California statute that criminalized being addicted to narcotics. His conviction was affirmed on appeal. This went against protection from cruel and unusual punishment.
  • Edwards v. South Carolina (1963)

    Edwards v. South Carolina (1963)
    187 black students were convicted in a magistrate's court of breach of the peace for peacefully assembling at the South Carolina State Government. Their purpose was to submit a protest of grievances to the citizens of South Carolina, and to the legislative bodies of South Carolina. They used the right to petition.
  • Gideon v. Wainwright

    Gideon v. Wainwright
    Clarence Earl Gideon was charged with breaking and entering, then appeared in court without a lawyer, Gideon requested that the court appoint one for him. According to Florida state law, however, an attorney may only be appointed to an indigent defendant in capital cases, so the trial court did not appoint one. This violated the right to an attorney in felony cases.
  • Ker v. California

  • Malloy v. Hogan

    Malloy v. Hogan
    William Malloy was arrested during a gambling raid in 1959 by Hartford, Connecticut police. After pleading guilty to pool selling, a misdemeanor, he was sentenced to one year in jail and fined $500, but the sentence was suspended after 90 days and Malloy was placed on two years probation. He denied protection against self-incrimination.
  • Pointer v. Texas

    Pointer v. Texas
    A man later identified by a witness as Bob Granville Pointer entered a 7-11 Food Store and robbed the manager, Kenneth W. Phillips, of more than $300. The man then fled the store, and Phillips observed him talking to another man at a nearby intersection. He wasn't given the right to confront witnesses.
  • Parker v. Gladden

    Parker v. Gladden
    The Multnomah County Circuit Court convicted Lee E. A. Parker of second-degree murder and sentenced him to the Oregon State Penitentiary for a potential maximum of the remainder of his life. The Supreme Court of Oregon affirmed his conviction, and denied a rehearing on October 8, 1963. He should have had the right to an impartial jury, but was denied that.
  • Klopfer v. North Carolina

    Klopfer v. North Carolina
    The State of North Carolina charged Peter Klopfer with criminal trespass when he participated in a civil rights demonstration at a restaurant. At trial, the jury could not reach a verdict. The Superior Court judge continued the case twice when the state moved for a nolle prosequi with leave. He had the right to a speedy trial.
  • Duncan v. Louisiana

    Duncan v. Louisiana
    Gary Duncan, a black teenager in Louisiana, was found guilty of assaulting a white youth by allegedly slapping him on the elbow. Duncan was sentenced to 60 days in prison and fined $150. Duncan's request for a jury trial was denied.
  • Washington v. Texas

    Washington v. Texas
    Following a jury trial, Jackie Washington was convicted of murder and sentenced to 50 years in prison. At trial, Washington alleged that Charles Fuller, already convicted for the same murder, actually shot the victim while Washington attempted to stop the shooting.
  • Benton v. Maryland

    Benton v. Maryland
    Benton was charged with burglary and larceny in a Maryland court. A jury found him not guilty of larceny but guilty of burglary. He was sentenced to ten years in prison. This case involved protection against double jeopardy.
  • Schilb v. Kuebel

    Schilb v. Kuebel
  • Rabe v. Washington

    Rabe v. Washington
  • Argersinger v. Hamlin

    Argersinger v. Hamlin
    Jon Argersinger was an indigent charged with carrying a concealed weapon, a misdemeanor in the State of Florida. The charge carried with it a maximum penalty of six months in jail and a $1,000 fine. During the bench trial in which he was convicted and sentenced to serve ninety days in jail, Argersinger was not represented by an attorney. He was denied the right to an attorney for misdemeanors that could be punishable by jail time.
  • De Jonge v. Oregon

    De Jonge v. Oregon
    De Jonge was arrested and charged with violating the State's criminal syndicalism statute. This interfered with the right to peaceful assembly.
  • McDonald v. Chicago

    McDonald v. Chicago
    The Supreme Court held that a District of Columbia handgun ban violated the Second Amendment. There, the Court reasoned that the law in question was enacted under the authority of the federal government and, thus, the Second Amendment was applicable. This was challenging the right to keep and bear arms.
  • Timbs v. Indiana

    Timbs v. Indiana
    The state charged Timbs with two charges of felony dealing and one charge of conspiracy to commit theft. He later pleaded guilty to one charge of felony dealing and one charge of conspiracy to commit theft in exchange for the state dismissing the remaining charge. Timbs wasn't given protection from excessive fines.