Which case held that federal guarantees of free speech and free press also applied to the states?

• A. Marbury
• B. Barron
• C. Gitlow
• D. McDonald

Answer: (C)

The main concept here is how the First Amendment’s guarantees of free speech and a free press become binding on state governments through incorporation via the Fourteenth Amendment’s due process clause. Before incorporation, the Bill of Rights was seen as restricting only the federal government. Barron v. Baltimore famously held that the federal protections did not bind the states. Gitlow v. New York changed that, saying the First Amendment protections apply to the states by virtue of the Fourteenth Amendment’s due process clause, thus extending federal guarantees to state action. This case marks the beginning of the incorporation process, setting the precedent that state laws and actions cannot infringe on those fundamental freedoms. The other cases are about different issues: Marbury v. Madison concerns judicial review, Barron is the earlier ruling limiting applicability to the states, and McDonald v. City of Chicago concerns the Second Amendment.