1. Gitlow v. New York 1925
By Shannon Bess

2. 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

3. 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

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

5. 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