What landmark case established the concept of selective incorporation?

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The case of Gitlow v. New York (1925) is significant because it effectively introduced the doctrine of selective incorporation, which is the process by which certain rights enumerated in the Bill of Rights are applied to the states through the Fourteenth Amendment's Due Process Clause. Prior to this ruling, the Bill of Rights primarily limited the powers of the federal government, and states were not necessarily required to adhere to these rights.

In Gitlow, Benjamin Gitlow was convicted under a New York law for distributing revolutionary socialist material advocating for the violent overthrow of the government. Gitlow challenged the state law, claiming it violated his First Amendment right to free speech. The Supreme Court ultimately ruled that while states could regulate free speech, the First Amendment's protections did apply to state actions, thereby beginning the process of selective incorporation.

This doctrine has allowed many rights within the Bill of Rights—such as freedom of speech and the right to a fair trial—to be applied to the states, ensuring more uniform protection of civil liberties across the country. Other cases listed, while significant in their own right, do not pertain specifically to the establishment of selective incorporation.

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