RJ Peristere and Michael Paulk

Mr. Bodensteiner

Ap Government

13 October 2010

Gitlow V New York

Background
Gitlow V New York was a Supreme Court decision, which ruled that the Fourteenth
Amendment had extended to certain provisions of the First Amendment. Gitlow V. New
York partially reversed the previous court case of Barron v. Baltimore. Barron v.
Baltimore declared that the Constitution’s Bill of rights did not apply to the states.
Gitlow V New York established that all provisions of the Bill of rights apply to every
state. The Supreme Court relied on the “due process clause” of the Fourteenth
Amendment in order to come to their decision. Gitlow v. New York also reestablished the
protection of freedom of speech. The Supreme Court upheld that the court was allowed to
suppress or punish speech when it directly advocates the overthrowing of a government.

Ruling
Benjamin Gitlow was indicted for the statutory crime of criminal anarchy. He was tried,
convicted, and sentenced to imprisonment. The Fourteenth Amendment had extended the
reach of certain provisions of the First Amendment, specifically the provisions protecting
freedom of the press. The Supreme Court relied on the due process clause of the
Fourteenth Amendment. This provision prohibits any state from depriving life, liberty, or
property, without due process of law.

Rationale
The freedom of speech and of press is the fundamental personal rights and liberties that
are protected by the due process of the 14th Amendment from impairments by the states.
Secondly, although the speech involved in this case did not have any effects, the state can
still punish utterances endangering the foundations of organized government and
threatening its overthrow by unlawful means. Also, the Court respected the judgment of
the state legislature that such speech was dangerous.