Gitlow v. New York 1925 By Shannon Bess

After the Red Scare, Benjamin Gitlow “Left Wing Manifesto” Socialist Party of America member New York’s Criminal Anarchy Law of 1902 arrested for publishing & distributing copies of “Left Wing Manifesto” advocating forceful overthrow of the government Gitlow argued that there was no resulting action following the manifesto

1st Amendment: Freedom of Speech Is the New York law that punishes advocacy to overthrow the government by force a violation of the free speech clause of the 1st Amendment? NO

Supreme Court’s Ruling 7 votes for New York 2 votes against

Implications of the Ruling 1st Amendment does apply to states 14th Amendment prohibits states from infringing upon 1st Amendment rights States can forbid both speech & publication if: Have tendency to result in action that is dangerous to public security Even if creates no clear & present danger Known as the “dangerous tendency” test If legislature decides its so dangerous that it must be prohibited, Defendant will be punished Even if the speech did not create any danger