Selective Incorporation

Does the Bill of Rights restrict state governments in the same way it restricts Congress?
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof;
or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble,
and to petition the Government for a redress of grievances. (Amendment I)


Barron v. Baltimore 32 U.S. 243 (1833)
Barron sued the City of Baltimore because some of their public works projects had rendered his wharf on the river front unusable
for his business, arguing that the Fifth Amendment prohibits private property from being taken without just compensation.
The Court argued that the limitations contained inthe Bill of Rights were intended to apply only to the national government.

Enter the Fourteenth Amendment:
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States
and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities
of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law
;
nor to deny to any person within its jurisdiction the equal protection of the laws. (Amendment XIV)
The Slaughterhouse Cases 83 U.S. 36 (1873)
New Orleans butchers filed suit against the city because, they argued, the city's ordinance granting a monopoly to one particular
company violated the "privileges or immunities" clause of the Fourteenth Amendment.  The Court ruled that the Fourteenth
Amendment was only intended to protect the rights of blacks... not butchers.

Gitlow v. New York 268 U.S. 652 (1925)
The Court recognized that the states were indeed limited in their restriction of free speech through the "due process" clause of the
Fourteenth Amendment.

Subsequent cases (listed on Kernell & Jacobson pp. 152) later incorporated other aspects of the Bill of Rights on a piecemeal basis into
the Fourteenth Amendment due process clause as well.