Limited Role in Early Years

The Bill of Rights had a limited role in judicial decisions and was not applicable to state governments in its early years

Incorporation Doctrine

Facilitated by the Fourteenth Amendment

The incorporation doctrine, which made protections in the Bill of Rights applicable to the states, was facilitated by the Fourteenth Amendment

Landmark Case of Gitlow v. New York

The landmark case of Gitlow v. New York in 1925 marked the beginning of the incorporation of the Bill of Rights, starting with the protection of freedom of speech

Incremental Application to States

The Supreme Court has incrementally applied most of the Bill of Rights to the states, ensuring a national standard for protecting individual liberties from government infringement

Initial Interpretation and Scope

The First Amendment was initially interpreted to apply only to federal actions, but its scope has been greatly expanded through landmark Supreme Court decisions

Protections for Speech and Press

Cases such as Everson v. Board of Education and New York Times Co. v. Sullivan

Landmark cases such as Everson v. Board of Education and New York Times Co. v. Sullivan have extended protections for speech and the press, while also clarifying their limitations

Diverse Array of Expressive Activities

The First Amendment now encompasses a diverse array of expressive activities, including political discourse, anonymous speech, campaign financing, and some commercial speech

Protection of Freedom of Religion, Assembly, and Petition

The First Amendment also protects freedom of religion, assembly, and petition, with the latter implicitly including the freedom of association

Historical Context and Language

The Second Amendment's language and historical context have led to intense legal and political debate over its interpretation

Evolution of Supreme Court Rulings

United States v. Cruikshank (1876)

In United States v. Cruikshank (1876), the Supreme Court held that the Second Amendment does not grant the right to keep and bear arms, but rather recognizes a pre-existing right that Congress cannot infringe

District of Columbia v. Heller (2008)

The pivotal case of District of Columbia v. Heller (2008) affirmed an individual's right to possess firearms for traditionally lawful purposes, while acknowledging certain regulatory limitations

McDonald v. Chicago (2010)

The decision in McDonald v. Chicago (2010) extended the Second Amendment's protections to state and local governments, solidifying its status as a fundamental right

The Third Amendment's Specific Protection

The Third Amendment, which prohibits the quartering of soldiers in private homes without consent, is among the least litigated and least controversial amendments within the Bill of Rights

Safeguarding Privacy and Property with the Fourth Amendment

The Fourth Amendment protects individuals from unreasonable searches and seizures, requiring warrants based on probable cause and describing the place and items to be searched