Definition of incorporation

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Definition of incorporation

• Incorporation is the process through which the
  First Amendment came to apply to state and local
  governments not just the federal government.

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Incorporation cases

• Gilbert v. Minnesota (1920)
• Facts Gilbert voiced his opposition to U.S.
  involvement in WWI. Minnesota law made it a crime
  to suggest that a citizen should not support the
  war effort.
• Issue Does the Minnesota law violate the 1st
  Amendment?
• Ruling No, lower court conviction upheld.
• Majority rationale Freedom of speech is not an
  absolute right. You cant shout fire in a
  crowded theater. Were at war.

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Incorporation cases

• 1. Gilbert v. Minnesota (1920)
• Brandeis dissent Suggests reading Bill of Rights
  in a new way. First hint of incorporation.14th
  Amendment due process clause no state shall
  deprive a person of life, liberty or property
  without due process of law

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2. Gitlow v. New York (1925)

• What were the facts?
• What was the issue?
• What was the ruling?
• What was the Courts rationale?
• What was the significance of the case?

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3. Near v. Minnesota (1931)

• What were the facts?
• What was the issue?
• What was the ruling?
• What was the Courts rationale?
• What was the significance of the case?

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State action

• State action is government (any level)
  involvement in the abridgment of ones First
  Amendment rights. If there is no state action in
  a case, the victim of censorship cannot make a
  successful First Amendment claim to protect him
  or herself.
• When is there no state action? Examples?