Gitlow v.

New York
CREATED BY: ALI ELSHIEKH
CREATED BY: JOSH SIMMONS
CREATED BY: ZAUL AMEZCUA

BACKGROUND/INTRO Info.

The case of Gitlow v. New York took place in 1925

Gitlow, a socialist, was arrested for distributing copies of a "leftwing manifesto" that called for the establishment of socialism
through strikes and class action of any form

"Left Wing Manifesto" in The Revolutionary Age, a newspaper for which

he served as business manager

It advocated the violent overthrow of the U.S. government

He served more than two years at Sing Sing prison before his
motion to appeal was granted and he was released on bail. State
courts of appeal upheld his conviction

Gitlow was the first major First Amendment case that the American
Civil Liberties Union argued before the Supreme Court

Gitlows Argument

In Gitlow v. New York, Benjamin Gitlow was convicted of violating

legislation that outlawed anti-government speech that is spread
to the general public in newspaper, magazines or other print

In response to these charges, Benjamin Gitlow appealed claiming

the State of New York violated his constitutional rights

stating that his charges were in direct violation of his 1st and 14th
amendment rightsthese rights are guaranteed in the United States
Constitution

His attorney argued that New York could not prove that any harm
had actually occurred from his exercise of freedom of speech and
press and that the Constitution protected his speech unless it
presented a clear and present danger to society.

New Yorks Argument

New Yorks Attorneys argued that any Sate had the authority to
prevent violence and disorder

Gitlow had engaged in actions which threatened great harm to

the people of New York

They also argued that Gitlows trial was conducted fairly and that
the supreme court should not intrude into the internal affairs of a
state as it violates the principles of federalism

Gitlows freedom of speech was adequately protected in the New

York State Constitution

Supreme Court Ruling

The United States Supreme Court found that Benjamin Gitlow was
guilty of his crimes; however, the court also found that the individual
state governments were not allowed to deny their residents the civil
and human rights expressed within the United States Constitution.

The ruling of Gitlow v. New York basically said that the New York state
government abused their powers, but Benjamin Gitlow was in fact
guilty of his accused crimes.

The Court ruled that freedom of speech and press were among the
fundamental rights and liberties protected by the due process clause
of the Fourteenth Amendment from impairment by the states.

This case applied protection of free speech to the actions of state

governments through the doctrine of incorporation.