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6 kwi 2024 · Quick Summary. Gitlow (defendant) distributed a socialist manifesto in violation of a New York law against advocating for government overthrow by force. He was convicted, and his challenge reached the Supreme Court. The issue was whether this statute violated Gitlow’s Fourteenth Amendment rights.
Benjamin Gitlow was indicted in the Supreme Court of New York, with three others, for the statutory crime of criminal anarchy. New York Penal Laws, §§ 160, 161. He was separately tried, convicted, and sentenced to imprisonment. The judgment was affirmed by the Appellate Division and by the Court of Appeals. 195 App.Div. 773; 234 N.Y. 132 and 539.
In Gitlow v. New York, 268 U.S. 652, decided in 1925, the Court assumed that the right of free speech was among the freedoms protected against state infringement by the Due Process Clause of the Fourteenth Amendment. Summary of this case from Ginsberg v. New York
2 lip 2024 · What was the historical context of Gitlow v. New York? What is “criminal anarchy”? To what extent do you find the New York criminal anarchy law overly broad and unduly vague? What is the “doctrine of incorporation”? How is it relevant to Gitlow? What is the “bad tendency” test?
Defendant contends that the New York statutes, under which he was convicted, unconstitutionally restricted his rights of free speech and press as protected by the First Amendment, and applied to the states through the Fourteenth Amendment.
New York—decided in 1925—was the first Supreme Court decision applying the First Amendment’s free speech protections to abuses by state governments. There, Benjamin Gitlow was arrested for distributing a “Left-Wing Manifesto,” which advocated socialism in America.
3 lip 2019 · Gitlow v. New York (1925) examined the case of a Socialist Party member who published a pamphlet advocating for a government overthrow and was subsequently convicted by the state of New York.
