Gitlow+v+NY


 * __Gitlow vs. New York__** June 8, 1925

A Case Involving: __First Amendment Rights__


 * //Background//**: Open Socialist Gitlow gives out what was described as a “left-wing” manifesto. This manifesto advocated socialism and that people should overthrow the government by strikes or force. He was convicted by New York State anarchy law that punished anyone advocating the overthrow of the government by force.


 * //Main Issue Presented to the Court//**: Is this New York law that punishes anyone who supports revolution of the government by force a violation of the First Amendment Freedom of Speech

__Cases before the Court:__


 * Gitlow: Presented the case that this was a violation of the First Amendment rights, and since no direction action came from distributing the manifesto, no action should be taken against him.


 * New York: Presented the case that under this law, whoever supports violent revolution against the government is in violation of the law and is fairly prosecuted.

Reasoning: The First Amendment does apply to the states. On reasonable merits, the states may choose to forbid speech and publication if they may possibility result in a threat to public safety. Even if there is no clear and present danger, a person can be prosecuted for such an offense
 * Majority Decision **(8 Supreme Court Justices): In favor of New York

Reasoning: Free Speech must be upheld unless a clear and present danger has been clearly defined.
 * Dissenting Opinion ** (1 Supreme Court Justice dissenting): In favor of Gitlow

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