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A case in which the Court held that the First Amendment right to free speech is applicable against the states via the Fourteenth Amendment, but speech advocating the violent overthrow of government is not protected.
Citation. 268 U.S. 652, 45 S.Ct. 625, 69 L.Ed. 1138 (1925). Brief Fact Summary. Defendant challenged conviction under a state criminal anarchy statute, arguing it violated the Due Process Clause of the 14th Amendment. Synopsis of Rule of Law.
The case data available on-line is the electronic docket which contains brief summaries of court documents and court events in a particular case. The electronic docket information available through this service is not the official record of the court.
Benjamin Gitlow was indicted in the Supreme Court of New York, with three others, for the statutory crime of criminal anarchy. New York Penal Law, 160, 161.1 He was separately tried, convicted, and sentenced to imprisonment.
Title U.S. Reports: Gitlow v. New York, 268 U.S. 652 (1925). Names Sanford, Edward Terry (Judge) Supreme Court of the United States (Author)
In 1902 the State of New York passed the Criminal Anarchy Law after President McKinley was assassinated by an anarchist the year prior. The law specifically criminalized any activism supporting a revolution against the federal government.
Search U.S. Supreme Court Cases By Year 1925. Welcome to FindLaw's searchable database of U.S. Supreme Court decisions since 1760. Supreme Court opinions are browsable by year and U.S. Reports volume number, and are searchable by party name, case title, citation, full text and docket number. Some early cases from the court may not be available.
