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Answer
Yes, the First Amendment has been fully incorporated through the application of the Fourteenth Amendment Due Process and Equal Protection Clauses, under the doctrine of "selective incorporation." The First, Fourth and Sixth are the only Amendments the US Supreme Court has fully incorporated as of 2010, but the Fifth Amendment is mostly incorporated, and the Second Amendment may become incorporated before the end of the 2009-2010 Term in June.
First Amendment (incorporated)
- Everson v. Board of Education, 330 US 1 (1947) clarified the Establishment Clause.
- Cantwell v. Connecticut, 310 US 296 (1940) held that the state couldn't impose restrictions on religious grounds.
- Gitlow v. New York, 268 US 652 (1925) held that the Fourteenth Amendment required the States to adhere to the First Amendment.
- Near v. Minnesota, 283 US 697 (1931) held that the Minnesota "gag law" violated freedom of the press.
- De Jonge v. Oregon, 299 US 353 (1937) held that Oregon's criminal syndicalism law was unconstitutional.
- NAACP v. Alabama, 357 US 449 (1958) Used Due Process Clause of Fourteenth Amendment to establish the right to expressive association, which is not specifically mentioned in the First Amendment.
For more information about the Bill of Rights and selective incorporation, see Related Questions, below.
What else can I help you with?
What has the US Supreme Court done with the Bill of Rights one clause at a time?
Using the process of "selective incorporation," the US Supreme Court has applied most of the Bill of Rights to the States via the Fourteenth Amendment Due Process and Equal Protection Clauses. The Second and Seventh Amendment have not yet been incorporated.
Is the right to bear arms incorporated?
Yes, the US Supreme Court incorporated the Second Amendment right to bear arms to the States on June 28, 2010, when they released their decision for the case McDonald v City of Chicago, (2010).
Can a US Supreme Court decision be binding on an Indiana state court?
Yes, US Supreme Court decisions are binding on bothfederal and state courts except in cases where the ruling involves an amendment or clause of an amendment not incorporated (legally applied) to the states. For example, decisions regarding the Third Amendment currently only apply to states in the Second Circuit; decisions regarding the Seventh Amendment, Grand Jury indictments, and excessive bail or fines currently apply only to the federal government.
What Supreme Court ended slavery?
The 13th Amendment to the United States Constitution, ratified in 1865 after the Civil War, is what officially ended slavery in the United States. It was not a decision by the Supreme Court, but rather an Amendment passed by Congress and ratified by the states.
Was the abolition of slavery a US Supreme Court decision?
No. Slavery was abolished by the Thirteenth Amendment to the Constitution in a joint effort between Congress and the states that ratified the amendment. A constitutional amendment is more powerful than a US Supreme Court decision, because it is not subject to change by the Supreme Court.
Can a Supreme Court ruling be overturned?
Yes, a Supreme Court ruling can be overturned through a subsequent Supreme Court decision or through a constitutional amendment passed by Congress and ratified by the states.
How has the US Supreme Court ensured that states do not deny basic rights to the people?
The US Supreme Court has incorporated much of the Bill of Rights to the states via the Fourteenth Amendment. While this doesn't quite ensure states respect individuals' US Constitutional rights, it does give people a legal right to fight unconstitutional state laws and policies if or when they're enacted.
Which supreme court case was the first to address the second amendement?
United States v. Cruikshank, 92 US 542 (1875)The US Supreme Court held that gun control regulation was a state's rights issue, and that the Second Amendment didn't apply to the states.[The Second Amendment was subsequently incorporated to the states via the Fourteenth Amendment Due Process Clause in McDonald v. Chicago, 561 US ___ (2010), in a decision released June 28, 2010.]
Are the states required to take notice of Supreme Court rulings?
Yes, US Supreme Court decisions create binding precedents that apply to both state and federal court systems, except when the decision involves an Amendment not incorporated to the states, or is superseded by acknowledged states' rights issues.At present, the Second and Seventh Amendments of the Bill of Rights are not incorporated (the states aren't bound by federal regulations); other Amendments may not be applicable due to subject matter or lack of triability (may involve issues that can't be resolved by the courts).
The source of authority cited by the Supreme Court for applying the Bill of Rights to the states is?
the fourteenth amendment to the constitution
What role did the U.S supreme court play in ending reconstruction?
The Court restricted the scope of the Fourteenth Amendment by leaving its enforcement up to the states.
How was the Second Amendment involved in the Supreme Court case US v. Cruikshank?
United States v. Cruikshank, 92 US 542 (1875)The US Supreme Court held that gun control regulation was a state's rights issue, and that the Second Amendment didn't apply to the states.[The Second Amendment was subsequently incorporated to the states via the Fourteenth Amendment Due Process Clause in McDonald v. Chicago, 561 US ___ (2010), in a decision released June 28, 2010.]For more information, see Related Questions, below.
