Incorporation+Cases

=**__Incorporation cases -14th Amendment__**=

//Gitlow v New York//
//** ** Barron v. Baltimore  ** **// //** ** Gideon v. Wainwright  ** **// //** ** Gitlow v. New York  ** **//
 * Incorporation Cases **
 * ** 14th amendment prevents states from unfairly denying any citizen any right  **
 * ** Court cases began to apply the Federal Bill of Rights to states using the 14th amendment  **
 * John Barron owned a dock on the Baltimore Harbor. When the city changed the flow of water, it made the water too shallow for boats. He sued the mayor for his loss of profit. The charge was based on the 5th amendment, which says that the government must compensate the owner of private property if they will affect it.
 * The court awarded Barron some money for damages, but incorporation didn’t occur with the first ruling. The unanimous decision was that the 5th amendment didn’t apply to a state’s actions. Initially, Chief Justice John Marshall said that the Bill of Rights only applied to the federal government.
 * This limited the civil rights and liberties of individuals. To the extent that this case allowed states to do whatever they please to private property, individuals no longer had a provision that secured their property.
 * Clarence Earl Gideon was accused of breaking and entering, but didn’t have the money to afford legal counsel. When he claimed that the court was required to provide counsel, the court replied that they were only required to provide counsel in capital cases. Gideon said that the 6th amendment, which ensured a fair trial, and the 14th amendment, which prevented discrimination from states, both made it so that he should’ve been appointed a lawyer. When he filed a suit against Louie Wainwright of the Florida Department of Corrections, he was given counsel.
 * The court unanimously decided that Gideon indeed had a right to a court-appointed attorney. By using the Due Process clause of the 14th amendment and the principle of the 6th amendment, they ruled that he had the right to legal representation.
 * This bolstered civil rights and liberties. The right to a fair trial, while always present, was limited before in that many defendants didn’t have legal counsel. This case ensured every defendant in every state that courts must appoint a lawyer.
 * Gitlow, who was a socialist, was arrested for creating a socialist paper and distributing it. He wanted to implement socialism through the strikes and actions of workers. He was incriminated for anarchy. He said that since there was no socialist demonstration stemming from his paper, that the 1st amendment protected his freedom of press.
 * The court decided that Gitlow was unfairly denied the freedom of press. By applying the Due Process clause of the 14th amendment with the freedom of the press outlined in the 1st amendment, the court ruled in favor of Gitlow.
 * This incorporation was very profound because it applied the most basic and most fundamental amendment of the Bill of Rights to the states. This was a triumphant example of incorporation because individuals were now guaranteed more freedoms by states.