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Gitlow v. New York (June 8, 1925)

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katelyn dodt

on 9 December 2014

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Transcript of Gitlow v. New York (June 8, 1925)

Gitlow v. New York (June 8, 1925)
By: McKenna Owens and Katelyn Dodt
Background
Benjamin Gitlow was arrested in November of 1919 for publishing a “Left-Wing Manifesto”
Gitlow was convicted by New York's state criminal anarchy law
punishes the promoting of government overthrow

The Issue
Is the New York law punishing advocacy to overthrow the government by force an unconstitutional violation of the free speech clause of the First Amendment?
Gitlow felt that the law infringed on his right to freedom of speech.
Decision
The court voted 7-2 in favor of New York.
The Due Process Clause of the Fourteenth Amendment extends the First Amendment protections to the states

Impact
The judges decided they did not need to see others similar cases that Gitlow had provided
anyone guilty of this action punishable
Full transcript