Question

Which statements describe a result of Gitlow v. New York? Check all that apply.

Through incorporation, the First Amendment applied to state law.
Constitutional amendments cannot be incorporated as needed.
The Fourteenth Amendment made the Constitution superior to state law.
The states are not responsible for following the Bill of Rights.
The due process clause can be used to incorporate the Bill of Rights.

Answer 1

The statements that accurately describe a result of Gitlow v. New York are:

1. **Through incorporation, the First Amendment applied to state law.** - This case was significant in that it established the principle of incorporation, applying the First Amendment's protections (in this case, freedom of speech) to the states.

2. **The Fourteenth Amendment made the Constitution superior to state law.** - The ruling affirmed that the rights protected by the Constitution, including those in the Bill of Rights, could be enforced against state laws through the Fourteenth Amendment.

3. **The due process clause can be used to incorporate the Bill of Rights.** - The Gitlow decision utilized the due process clause of the Fourteenth Amendment as a basis for incorporation, thereby applying aspects of the Bill of Rights to the states.

The other statements are not accurate or relevant in the context of the ruling:

- **Constitutional amendments cannot be incorporated as needed.** - This statement is misleading, as amendments can and have been incorporated through judicial interpretation.

- **The states are not responsible for following the Bill of Rights.** - This is incorrect, as Gitlow v. New York established that states are indeed responsible for following the protections outlined in the Bill of Rights.