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The case that incorporated freedom of speech against the states is Gitlow v. New York (1925), which applied the First Amendment's protections to state governments via the Fourteenth Amendment. This ruling overruled the earlier Barron v. Baltimore decision that restricted Bill of Rights applications solely to the federal government. Gitlow's case emphasized the fundamental nature of free speech in American democracy.
Explanation:
Incorporation of Freedom of Speech
The case that incorporated freedom of speech against the states is Gitlow v. New York, decided in 1925. In this landmark decision, the U.S. Supreme Court held that the provisions of the First Amendment protecting freedom of speech and freedom of the press are applicable to state governments through the Due Process Clause of the Fourteenth Amendment.
Prior to Gitlow, the Supreme Court's decision in Barron v. Baltimore (1833) established that the Bill of Rights only restricted federal government actions and did not apply to the states. However, Gitlow shifted this understanding by asserting that freedoms guaranteed by the First Amendment are essential rights that must be upheld and enforced against state infringement.
The Gitlow case involved Benjamin Gitlow, who was charged under a New York law for publishing a manifesto calling for socialism through strikes and class action. The Court ruled that while states have the power to restrict certain types of speech that pose a "clear and present danger," the principle of free speech is fundamental and lays the groundwork for many pivotal Supreme Court decisions that followed.
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