RIGHTS GUARANTEED BY THE DUE PROCESS CLAUSE OF THE FOURTEENTH AMENDMENT

 

Amendment

Specific Right involved

Has it been incorporated to the states

Case title and date (if any) when right was applied to states

First

Freedom of religion

Yes

Cantwell v Connecticut (1940)

First

Freedom of speech

Yes

Gitlow v New York (1925)

First

Freedom of press

Yes

Near v. Minnesota (1931)

First

Freedom of assembly

Yes

De Jonge v Oregon (1937)      

Second

Right to bear arms

NO

 

Third

Quartering of soldiers

NO

 

Fourth

No unreasonable searches or seizures

Yes

Mapp v Ohio (1961)

Fifth

Indictment by a grand jury

NO

 

Fifth

No double jeopardy

Yes

Benton v Maryland (1969)       

Fifth

No self incrimination

Yes

Malloy v Hogan (1964)

Fifth

Due process of law

Yes

14th Amendment contains same language

Fifth

No taking of private property without compensation

Yes

14th Amendment contains same language

Sixth

Speedy trial

Yes

Klopfer v North Carolina (1967)

Sixth

Public trial

Yes

In re Oliver (1948)

Sixth

Trial by jury

Yes

Duncan v Louisiana (1968)      

Sixth

Impartial tribunal

Yes

Tunney v Ohio (1927)

 

Sixth

Right to be informed of the charge

Yes

Cole v Arkansas  (1948)         

Sixth

confrontation and cross-examination

Yes

Pointer v Texas  (1965)

Sixth

Right to obtain witnesses

Yes

Washington v Texas (1967)     

Sixth

Assistance of counsel

Yes

Gideon v Wainwright (1963)

Seventh

trial by jury (civil cases)

NO

 

Eighth

No excessive bail

NO

 

Eighth

No cruel or unusual punishment

Yes

Robinson v. California (1962)