Which of the following correctly analyzes the effect the supreme courts use of selective incorporation has had on the freedom of expression?
Selective incorporation has gradually reduced freedom of expression by allowing states to ignore certain freedoms found in the Bill of Rights.
Selective incorporation had no effect on the freedom of expression as states have always had to protect the freedom of speech
Selective incorporation has limited the freedom of expression by only requiring the national government to abide by the freedom of speech
Selective incorporation has expanded the freedom of expression by forcing states toprotect the freedom of speech
Selective incorporation has expanded the freedom of expression by forcing states to protect the freedom of speech.
The correct answer is: Selective incorporation has expanded the freedom of expression by forcing states to protect the freedom of speech.
To determine which of the statements correctly analyzes the effect of the Supreme Court's use of selective incorporation on the freedom of expression, we first need to understand what selective incorporation is and its impact on constitutional rights.
Selective incorporation is the legal doctrine through which specific provisions of the Bill of Rights are applied to the states through the Fourteenth Amendment's Due Process Clause. It ensures that essential rights are safeguarded at both the federal and state levels. The Supreme Court has gradually applied many individual provisions of the Bill of Rights to the states over time.
Option 1 states that selective incorporation has gradually reduced freedom of expression by allowing states to ignore certain freedoms found in the Bill of Rights. However, this is not an accurate analysis. Selective incorporation has actually expanded the protection of individual rights by making states adhere to the constitutional provisions.
Option 2 claims that selective incorporation had no effect on the freedom of expression as states have always been required to protect the freedom of speech. This statement is incorrect as well since before selective incorporation, the states were not uniformly obligated to protect all the individual freedoms outlined in the Bill of Rights.
Option 3 suggests that selective incorporation has limited the freedom of expression by only requiring the national government to abide by the freedom of speech. While the national government is indeed obligated to uphold the freedom of speech, this statement overlooks the fact that through selective incorporation, this protection is also extended to the states. Therefore, this option is inaccurate.
Option 4 correctly analyzes the effect of selective incorporation on the freedom of expression. It states that selective incorporation has expanded the freedom of expression by forcing states to protect the freedom of speech. By applying the First Amendment's protection of freedom of speech to the states, selective incorporation has increased the consistency and uniformity in safeguarding this fundamental right at both the federal and state levels.
Thus, option 4, "Selective incorporation has expanded the freedom of expression by forcing states to protect the freedom of speech," is the correct analysis of the Supreme Court's use of selective incorporation on the freedom of expression.