Supreme Court First Amendment Case Freedom of Speech Gitlow v. New York Supreme Court First Amendment Case Freedom of Speech

Facts of the Case Argued: April 12, 1923 Decided: June 8, 1925 Gitlow was arrested and convicted for criminal anarchy under New York state law

Question & Opinions Question: Does the New York law punishing the advocacy of overthrowing the government an unconstitutional violation of the free speech clause of the First Amendment? Majority Justice Stanford: States can punish those threatening overthrow Dissenting Justice Holmes: Gitlow did not present a present danger

Conclusion 1st Amendment applies to states; Due Process Clause in 14th Amendment Indoctrination Clause The Supreme Court upheld New York’s conviction by vote of 7-2

Pleasant Grove City v. Summum Issue: Does a city's refusal to place a religious organization's monument in a public park violate that organization's First Amendment free speech rights when the park already contains a monument from a different religious group? Decision: No. A monument in a public park is form of government speech. Unanimous vote with 4 varying concurrent opinions.