Gitlow v. New York is notable for beginning the incorporation process. What does incorporation mean in this context?

Gitlow v. New York is notable for beginning the incorporation process. What does incorporation mean in this context?

• A. The federal government may regulate all speech nationwide.
• B. First Amendment protections apply to state governments.
• C. States may regulate speech without any federal oversight.
• D. The Constitution's First Amendment is fully within state control.

Answer: (B)

Incorporation is about extending the protections of the Bill of Rights to limit the actions of state and local governments, not just the federal government. Gitlow v. New York is the milestone where the Supreme Court used the Fourteenth Amendment’s Due Process Clause to start applying First Amendment protections against state actions. That means states can’t pass laws or take actions that infringe on free speech and free press in ways the First Amendment would prohibit if the federal government were involved. Over time, more rights were incorporated in a similar fashion, but Gitlow marks the beginning of that process. So the correct understanding is that First Amendment protections apply to state governments. The other options would imply either federal control over all speech, or no federal oversight of state action, or that the First Amendment becomes entirely a state matter—none of which capture what incorporation does.

Incorporation is about extending the protections of the Bill of Rights to limit the actions of state and local governments, not just the federal government. Gitlow v. New York is the milestone where the Supreme Court used the Fourteenth Amendment’s Due Process Clause to start applying First Amendment protections against state actions. That means states can’t pass laws or take actions that infringe on free speech and free press in ways the First Amendment would prohibit if the federal government were involved. Over time, more rights were incorporated in a similar fashion, but Gitlow marks the beginning of that process.

So the correct understanding is that First Amendment protections apply to state governments. The other options would imply either federal control over all speech, or no federal oversight of state action, or that the First Amendment becomes entirely a state matter—none of which capture what incorporation does.