Appendix 2
Incorporation of (Applying) the Bill of Rights to State and Local Governments
Please note: The Supreme Court has not incorporated Amendment III, the grand jury requirement of Amendment V, Amendment VII, and the protection against “excessive fines” and “excessive bail” found in Amendment VIII. Amendment IX and X are by content not applicable for incorporation.
Amendment | Right | Case | Date |
I | Freedom of Speech | Gitlow v. New York | 1925 |
I | Freedom of the Press | Near v. Minnesota | 1931 |
I | Freedom of Assembly | DeJonge v. Oregon | 1937 |
I | Free Exercise Clause | Cantwell v. Connecticut | 1940 |
I | Establishment of Religion | Everson v. Board of Education | 1947 |
I | Freedom of Association | NAACP v. Alabama | 1958 |
I | Right to Petition Government | NAACP v. Button | 1963 |
II | Right to Bear Arms | District of Columbia v. Heller McDonald v. Chicago |
2008 2010 |
IV | No Unreasonable Search and Seizures | Wolf v. Colorado | 1949 |
IV | Exclusionary Rule | Mapp v. Ohio | 1961 |
V | Guarantee of Just Compensation | Chicago, Burlington, and Quincy RR v. Chicago | 1897 |
V | Immunity from Self-Incrimination | Mallory v. Hogan | 1964 |
V | Immunity from Double Jeopardy | Benton v. Maryland | 1969 |
VI | Right to Counsel in Capital Cases | Powell v. Alabama | 1932 |
VI | Right to Public Trial | In Re Oliver | 1948 |
VI | Right to Counsel in Felony Cases | Gideon v. Wainwright | 1963 |
VI | Right to Confrontation of Witnesses | Pointer v. Texas | 1965 |
VI | Right to Impartial Jury | Parker v. Gladden | 1966 |
VI | Right to Speedy Trial | Klopfer v. North Carolina | 1967 |
VI | Right to Compulsory Process for Obtaining witnesses | Washington v. Texas | 1967 |
VI | Right to Jury Trial for Serious Crimes | Duncan v. Louisiana | 1968 |
VI | Right to Counsel for All Crimes Involving Jail Terms | Argesinger v. Hamlin | 1972 |
VIII | Freedom from Cruel and Unusual Punishment | Robinson v. California | 1962 |