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Gitlow v. New York

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by

Nicole Engelmann

on 25 April 2013

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Transcript of Gitlow v. New York

By Ashley and Nicole Supreme Court Case Project 1925 Supreme Court Case Chart Gitlow v. New York Case name: Background Who was involved?
The Supreme Court What was the Supreme court ruling regarding your case? New York Because Gitlow spread anti-government attitude and hateful speech towards the government, it did not count as his first amendment rights. Gitlow Gitlow v. New York Date: 1923-1925 Chief Justice: Taft Details of Case: Gitlow was arrested for handing out copies of a "left-wing manifesto" which called for the establishment of socialism through strikes and class action of any form. Court Ruling: petitioner respondent Dissenting opinions- 2 (Holmes and Brandeis) Majority votes- 7 (Sandford, Taft, Van Devanter, McReynolds, Sutherland, Butler, and Stone.) Constitutional Significance: This case was affected by the first and fourteenth amendment. New York arrested Gitlow but it went to the court because it was questioned if they were taking away Gitlow's first amendment rights of free speech. Benjamin Gitlow and the state of New York What happened?
Gitlow was arrested for seemingly forcing his political views on others by passing out copies of a "left-wing manifesto" (which is a socialist document) and calling for protest. Where and When did it occur? It occured in New York and it was argued on April 12, 1923, reargued on November 23, 1923, and finally decided on June 8, 1925 How and why was it brought to the Supreme Court? Gitlow's first amendment rights of free speech were being overlooked 7-2 (in favor of New York) Why is this a landmark case? It provided a base for potential free speech cases and expansion of free speech rights and also it prohibited states from going against the Bill of Rights with their own laws. Arguments THE END A writ of certiorari is a decision by the Supreme Court to hear an appeal from a lower court. This happened when they decided to appeal to the Court of New York County in hearing Gitlow v. New York Stare decisis is a legal principle by which judges are forced to respect a prior precedent established. Gitlow v. New York partly reversed the precedent saying that state governments could make laws against the Bill of Rights, now the Supreme Court has decided that all of the amendments in the Bill of Rights apply to both the Federal and State governments. Conference is the meeting of parties or their attorneys to discuss and settle disputes. There were many conferences in the two years it took to settle Gitlow v. New York. Oral arguments are spoken arguments in court. Gitlow v. New York definitely had many oral arguments in court so they could solve the issue. Amicus curiae directly translates to friend of the court. This is a person who is not a party to a case but offers information about the case. Felt that his first amendment rights were being overlooked in the situation
The court agreed with the people New York but, the governor of New York pardoned him, saying that while he was legally convicted, he [the governor] needed to consider whether or not he was sufficiently punished for his crime. Opinion of the Court
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