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The First Amendment has been fully incorporated through the application of the Fourteenth Amendment, under the doctrine of "selective incorporation." Gitlow v. New York, (1925) was the first case that applied a First Amendment Clause to the states.

The First, Second, Fourth and Sixth are the only Amendments the US Supreme Court has fully incorporated, as of 2010.

Case Citation:

Gitlow v. New York, 268 US 652 (1925)

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, see Related Questions, below.

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Q: What US Supreme Court decision incorporated the First Amendment?
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