Which case helped establish that rights can be incorporated to apply to the states (First Amendment incorporation)?

• A. Barron v. Baltimore
• B. Gitlow v. New York
• C. Palko v. Connecticut
• D. Near v. Minnesota

Answer: (B)

Rights can be applied to state governments through a process called incorporation, using the Fourteenth Amendment’s due process clause to bind states to protections in the Bill of Rights. Gitlow v. New York is the pivotal case that started this approach by holding that First Amendment freedoms—specifically free speech and free press—apply to the states, not just to the federal government. This case introduced the idea of selective incorporation, where certain fundamental rights gradually become enforceable against state laws through the Fourteenth Amendment. It marked a turning point after Barron v. Baltimore, which had said the Bill of Rights did not restrain the states. While later cases like Palko v. Connecticut and Near v. Minnesota refined and expanded the scope of incorporation, Gitlow is the case that first established that state governments could be required to honor First Amendment rights.