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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.
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.
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
Gitlow v. New York, 268 U.S. 652 (1925), was a landmark decision of the United States Supreme Court holding that the Fourteenth Amendment to the United States Constitution had extended the First Amendment's provisions protecting freedom of speech and freedom of the press to apply to the governments of U.S. states.
Brief Fact Summary. Defendant Benjamin Gitlow, a member of the left wing, wrote and published two papers that promoted the violent overthrow of the government. He was indicted on two counts of anarchy and advocacy of criminal anarchy. Defendant contends that the New York statutes, under which he was convicted, unconstitutionally restricted his ...
2 lip 2024 · This case took place during the first Red Scare. In the aftermath of the Russian Revolution and World War I, a series of bombings, strikes, and riots shook the United States. In 1920, four thousand suspected radicals were arrested, three thousand of whom were deported.
FACTS. The issues in Gitlow v. New York arose during the early part of the twentieth century when fear of communist subversion gripped the United States. To combat the so-called red menace, several states, including New York, created commissions to investigate subversive organizations.
