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why was the case of gitlow vs new york important
Gitlow v. New York - wikipedia Gitlow v. New York Jump to : navigation , search <Th_colspan="2"> Gitlow v. New York <Td_colspan="2"> Supreme Court of the United States <Th_colspan="2"> Argued April 12 , 1923 Reargued November 23 , 1923 Decided June 8 , 1925 Full case name Benjamin Gitlow v. People of the State of New York Citations 268 U.S. 652 ( more ) 45 S. Ct. 625 ; 69 L. Ed . 1138 ; 1925 U.S. LEXIS 598 Prior history Defendant convicted , Supreme Court of New York County , 2 - 5 - 20 ; affirmed , 195 A.D. 773 ( N.Y. Sup. Ct. App. Div. 1921 ) ; affirmed , 136 N.E. 317 ( N.Y. 1923 ) Subsequent history None <Th_colspan="2"> Holding <Td_colspan="2"> The Fourteenth Amendment prohibits states from infringing free speech , but the defendant was properly convicted under New York 's Criminal Anarchy Law because he disseminated newspapers that advocated the violent overthrow of the government . <Th_colspan="2"> Court membership <Td_colspan="2"> Chief Justice William H. Taft Associate Justices Oliver W. Holmes , Jr . Willis Van Devanter James C. McReynolds Louis Brandeis George Sutherland Pierce Butler Edward T. Sanford Harlan F. Stone <Th_colspan="2"> Case opinions Majority Sanford , joined by Taft , Van Devanter , McReynolds , Sutherland , Butler , Stone Dissent Holmes , joined by Brandeis <Th_colspan="2"> Laws applied <Td_colspan="2"> U.S. Const . amends . I , XIV ; N.Y. Penal Law § § 160 , 161 Gitlow v. New York , 268 U.S. 652 ( 1925 ) , was a decision by the Supreme Court of the United States holding that the Fourteenth Amendment to the United States Constitution had extended the reach of certain limitations on federal government authority set forth in the First Amendment -- specifically the provisions protecting freedom of speech and freedom of the press -- to the governments of the individual states . It was one of a series of Supreme Court cases that defined the scope of the First Amendment 's protection of free speech and established the standard to which a state or the federal government would be held when it criminalized speech or writing . Contents ( hide ) 1 History 1.1 Background 1.2 Incorporation 2 Free speech 2.1 Aftermath 3 Footnotes 4 Further reading 5 External links History ( edit ) Background ( edit ) Following the Red Scare of 1919 -- 20 , a variety of leftists , either anarchists , sympathizers with the Bolshevik Revolution , labor activists , or members of a communist or socialist party , were convicted for violating the Espionage Act of 1917 and Sedition Act of 1918 on the basis of their writings or statements . Benjamin Gitlow , a member of the Socialist Party of America , who had served in the New York State Assembly , was charged with criminal anarchy under New York 's Criminal Anarchy Law of 1902 for publishing in July 1919 a document called `` Left Wing Manifesto '' in The Revolutionary Age , a newspaper for which he served as business manager . His trial lasted from January 22 to February 5 , 1920 . His defense contended that the Manifesto represented historical analysis rather than advocacy . He was convicted on February 11 and sentenced to 5 to 10 years in prison . 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 . New York 's Criminal Anarchy Law was passed in 1902 following the assassination of President William McKinley by an anarchist in Buffalo , New York , in September 1901 . Gitlow was the first major First Amendment case that the American Civil Liberties Union argued before the Supreme Court . The Court had to consider whether it could review a challenge to a state law on the basis that it violated the federal constitution . If it determined that such a challenge lay within the scope of its authority , then it had to review the application of the law to the case at hand , the specific violation of the statute . It upheld Gitlow 's conviction 7 -- 2 , with Brandeis and Holmes dissenting . Incorporation ( edit ) The Supreme Court previously held , in Barron v. Baltimore , 32 U.S. 243 ( 1833 ) , that the Constitution 's Bill of Rights applied only to the federal government , that states were free to enforce statutes that restricted the rights enumerated in the Bill of Rights , and that the federal courts could not interfere with the enforcement of such statutes . Gitlow v. New York partly reversed that precedent and began a trend toward its nearly complete reversal . The Supreme Court now holds that almost every provision of the Bill of Rights applies to both the federal government and the states . The Supreme Court relied on the `` due process clause '' of the Fourteenth Amendment , which prohibits a state from depriving `` any person of life , liberty , or property , without due process of law . '' The Court stated that `` For present purposes we may and do assume that '' the rights of freedom of speech and freedom of the press were `` among the fundamental personal rights and ' liberties ' protected by the due process clause of the Fourteenth Amendment from impairment by the states '' . The Court used the doctrine first enunciated in Gitlow in other cases , such as De Jonge v. Oregon , 299 U.S. 353 ( 1937 ) , Wolf v. Colorado , 338 U.S. 25 ( 1949 ) , and Gideon v. Wainwright , 372 U.S. 335 ( 1963 ) , to extend the reach of the Bill of Rights . Constitutional scholars refer to this as the `` incorporation doctrine , '' meaning that the Supreme Court has identified rights specified in the Bill of Rights and incorporated them into the liberties covered by the due process clause of the Fourteenth Amendment . Recently , the Supreme Court , see , McDonald v. Chicago , found the 2nd Amendment Right to `` ... keep and bear arms , '' for lawful purposes such as self - defense both a fundamental and individual right of all law - abiding Citizens over 21 years of age and of sound mind as self - defense is the `` central component '' of the 2nd Amendment , and these Rights are `` fully applicable '' in all of the 50 States . Free speech ( edit ) The Court upheld Gitlow 's conviction on the basis that the government may suppress or punish speech that directly advocates the unlawful overthrow of the government and it upheld the constitutionality of the state statute at issue , which made it a crime to advocate the duty , need , or appropriateness of overthrowing government by force or violence . Justice Edward Terry Sanford 's majority opinion attempted to define more clearly the `` clear and present danger '' test developed a few years earlier in Schenck v. United States , 249 U.S. 47 ( 1919 ) . He embraced `` the bad tendency test '' found in Shaffer v. United States , 255 F. 886 ( 1919 ) , which held that a `` State may punish utterances endangering the foundations of government and threatening its overthrow by unlawful means '' because such speech clearly `` present ( s ) a sufficient danger to the public peace and to the security of the State . '' According to Sanford , a `` single revolutionary spark may kindle a fire that , smoldering for a time , may burst into a sweeping and destructive conflagration . '' He said the Manifesto contained `` the language of direct incitement '' and was not `` the expression of philosophical abstraction . '' In his dissent , Holmes , the author of Schenck 's clear and present danger test , wrote that he believed it was still the appropriate test to employ in judging the limits of freedom of expression . Joined by Brandeis , he argued that Gitlow presented no present danger because only a small minority of people shared the views presented in the manifesto and because it directed an uprising at some `` indefinite time in the future . '' He responded to Sanford 's kindling metaphor that `` eloquence may set fire to reason , but , whatever may be thought of the redundant discourse before us , it had no chance of starting a present conflagration . '' Aftermath ( edit ) On November 9 , 1925 , Gitlow surrendered to New York Authorities for transportation back to Sing Sing Prison to finish his sentence . On December 11 , 1925 , New York Gov. Al Smith pardoned him , saying that while Gitlow had been `` properly and legally convicted '' , he needed to consider `` whether or not he has been sufficiently punished for a political crime . '' He concluded that `` no additional punishment would act as a deterrent to those who would preach an erroneous doctrine of Government . '' Footnotes ( edit ) ^ Jump up to : New York Times : `` Gitlow Goes Back to Serve his Term , '' November 10 , 1925 , accessed June 17 , 2012 Jump up ^ Whipple , Leon ( 1927 ) . The Story of Civil Liberty in the United States . New York : Vanguard Press . p. 307 . Jump up ^ `` The Successes of the American Civil Liberties Union '' . ACLU. 17 June 2012 . ^ Jump up to : `` Gitlow Loses Fight in Highest Court to Annul Anarchy Law '' . New York Times . 9 June 1925 . Jump up ^ `` Gitlow is Pardoned by Governor Smith as Punished Enough '' . New York Times . 12 December 1925 . Further reading ( edit ) Heberle , Klaus H. ( May 1972 ) . `` From Gitlow to Near : Judicial `` Amendment '' by Absent - Minded Incrementalism `` . Journal of Politics . 34 ( 2 ) : 458 -- 483 . JSTOR 2129363 . External links ( edit ) Text of Gitlow v. New York , 268 U.S. 652 ( 1925 ) is available from : Cornell CourtListener Findlaw Justia Oyez OpenJurist Google Scholar First Amendment Library entry for Gitlow v. New York Exploring Constitutional Conflicts : Clear and Present Danger <Th_colspan="2"> ( hide ) United States First Amendment case law <Td_colspan="2"> <Th_colspan="2"> Establishment Clause <Td_colspan="2"> Public funding Everson v. Board of Education ( 1947 ) McCollum v. Board of Education ( 1948 ) Walz v. Tax Commission of the City of New York ( 1970 ) Lemon v. Kurtzman ( 1971 ) Tilton v. Richardson ( 1971 ) Committee for Public Education & Religious Liberty v. Nyquist ( 1973 ) Sloan v. Lemon ( 1973 ) Wolman v. Walter ( 1977 ) Marsh v. Chambers ( 1983 ) Mueller v. Allen ( 1983 ) Aguilar v. Felton ( 1985 ) Board of Education of Kiryas Joel Village School District v. Grumet ( 1994 ) Agostini v. Felton ( 1997 ) Mitchell v. Helms ( 2000 ) Zelman v. Simmons - Harris ( 2002 ) Locke v. Davey ( 2004 ) Arizona Christian School Tuition Organization v. Winn ( 2011 ) Public displays Stone v. Graham ( 1980 ) Lynch v. Donnelly ( 1984 ) Board of Trustees of Scarsdale v. McCreary ( 1985 ) County of Allegheny v. ACLU ( 1989 ) McCreary County v. ACLU of Kentucky ( 2005 ) Van Orden v. Perry ( 2005 ) Pleasant Grove City v. Summum ( 2009 ) School prayer Zorach v. Clauson ( 1952 ) Engel v. Vitale ( 1962 ) Abington School District v. Schempp ( 1963 ) Stone v. Graham ( 1980 ) Wallace v. Jaffree ( 1985 ) Lee v. Weisman ( 1992 ) Santa Fe Independent School District v. Doe ( 2000 ) Elk Grove Unified School District v. Newdow ( 2004 ) Creationism Epperson v. Arkansas ( 1968 ) Edwards v. Aguillard ( 1987 ) Kitzmiller v. Dover Area School District ( M.D. Pa. 2005 ) Legislature prayer Marsh v. Chambers ( 1983 ) Town of Greece v. Galloway ( 2014 ) Establishment Clause , Other McGowan v. Maryland ( 1961 ) Walz v. Tax Commission of the City of New York ( 1970 ) McDaniel v. Paty ( 1978 ) Widmar v. Vincent ( 1981 ) Larkin v. Grendel 's Den , Inc. ( 1982 ) Estate of Thornton v. Caldor , Inc. ( 1985 ) Texas Monthly , Inc. v. Bullock ( 1989 ) Hosanna - Tabor Evangelical Lutheran Church & School v. Equal Employment Opportunity Commission ( 2012 ) <Td_colspan="2"> <Th_colspan="2"> Free Exercise Clause <Td_colspan="2"> Vidal v. Girard 's Executors ( 1844 ) Reynolds v. United States ( 1879 ) Davis v. Beason ( 1890 ) Schneider v. New Jersey ( 1939 ) Cantwell v. Connecticut ( 1940 ) Minersville School District v. Gobitis ( 1940 ) Murdock v. Pennsylvania ( 1943 ) United States v. Ballard ( 1944 ) Braunfeld v. Brown ( 1961 ) Torcaso v. Watkins ( 1961 ) Sherbert v. Verner ( 1963 ) Presbyterian Church v. Hull Church ( 1969 ) Wisconsin v. Yoder ( 1972 ) NLRB v. Catholic Bishop of Chicago ( 1979 ) Harris v. McRae ( 1980 ) Thomas v. Review Board of the Indiana Employment Security Division ( 1981 ) United States v. Lee ( 1982 ) Bob Jones University v. United States ( 1983 ) Bowen v. Roy ( 1986 ) Goldman v. Weinberger ( 1986 ) Employment Division v. Smith ( 1990 ) Church of Lukumi Babalu Aye v. City of Hialeah ( 1993 ) City of Boerne v. Flores ( 1997 ) Watchtower Society v. Village of Stratton ( 2002 ) Cutter v. Wilkinson ( 2005 ) Gonzales v. UDV ( 2006 ) Trinity Lutheran Church of Columbia , Inc. v. Comer ( 2017 ) Masterpiece Cakeshop v. Colorado Civil Rights Commission ( under consideration ) <Td_colspan="2"> <Th_colspan="2"> ( hide ) Freedom of speech ( portal ) <Td_colspan="2"> Sedition and imminent danger Alien and Sedition Acts ( 1798 ) Masses Publishing Co. v. Patten ( S.D.N.Y. 1917 ) Schenck v. United States ( 1919 ) Abrams v. United States ( 1919 ) Gitlow v. New York ( 1925 ) Whitney v. California ( 1927 ) Dennis v. United States ( 1951 ) Communist Party v. Subversive Activities Control Board ( 1955 , 1961 ) Yates v. United States ( 1957 ) Bond v. Floyd ( 1966 ) Brandenburg v. Ohio ( 1969 ) False speech Gertz v. Robert Welch , Inc. ( 1974 ) United States v. Alvarez ( 2012 ) Fighting words and the heckler 's veto Cantwell v. Connecticut ( 1940 ) Chaplinsky v. New Hampshire ( 1942 ) Terminiello v. Chicago ( 1949 ) Feiner v. New York ( 1951 ) Gregory v. Chicago ( 1969 ) National Socialist Party of America v. Village of Skokie ( 1977 ) R.A.V. v. City of St. Paul ( 1992 ) Snyder v. Phelps ( 2011 ) Elonis v. United States ( 2015 ) Freedom of assembly and public forums Hague v. CIO ( 1939 ) Schneider v. New Jersey ( 1939 ) Thornhill v. Alabama ( 1940 ) Martin v. City of Struthers ( 1943 ) Marsh v. Alabama ( 1946 ) Niemotko v. Maryland ( 1951 ) Edwards v. South Carolina ( 1963 ) Cox v. Louisiana ( 1965 ) Brown v. Louisiana ( 1966 ) Adderley v. Florida ( 1966 ) Carroll v. Town of Princess Anne ( 1968 ) Coates v. Cincinnati ( 1971 ) Organization for a Better Austin v. Keefe ( 1971 ) Lloyd Corp. v. Tanner ( 1972 ) Pruneyard Shopping Center v. Robins ( 1980 ) Widmar v. Vincent ( 1981 ) Hill v. Colorado ( 2000 ) McCullen v. Coakley ( 2014 ) Packingham v. North Carolina ( 2017 ) Symbolic speech Stromberg v. California ( 1931 ) United States v. O'Brien ( 1968 ) Cohen v. California ( 1971 ) Smith v. Goguen ( 1974 ) Texas v. Johnson ( 1989 ) United States v. Eichman ( 1990 ) Virginia v. Black ( 2003 ) Compelled speech Minersville School District v. Gobitis ( 1940 ) West Virginia State Board of Education v. Barnette ( 1943 ) Wooley v. Maynard ( 1977 ) Board of Regents of the University of Wisconsin System v. Southworth ( 2000 ) Davenport v. Washington Education Association ( 2007 ) Knox v. Service Employees International Union , Local 1000 ( 2012 ) Agency for International Development v. Alliance for Open Society International , Inc. ( 2013 ) Masterpiece Cakeshop v. Colorado Civil Rights Commission ( under consideration ) Loyalty oaths American Communications Association v. Douds ( 1950 ) Garner v. Board of Public Works ( 1951 ) Speiser v. Randall ( 1958 ) Keyishian v. Board of Regents ( 1967 ) Communist Party of Indiana v. Whitcomb ( 1974 ) School speech Minersville School District v. Gobitis ( 1940 ) West Virginia State Board of Education v. Barnette ( 1943 ) Tinker v. Des Moines Independent Community School District ( 1969 ) Island Trees School District v. Pico ( 1982 ) Bethel School District v. Fraser ( 1986 ) Hazelwood School District v. Kuhlmeier ( 1988 ) Rosenberger v. University of Virginia ( 1995 ) Morse v. Frederick ( 2007 ) Obscenity Rosen v. United States ( 1896 ) United States v. One Book Called Ulysses ( S.D.N.Y. 1933 ) Roth v. United States ( 1957 ) One , Inc. v. Olesen ( 1958 ) Marcus v. Search Warrant ( 1961 ) MANual Enterprises v. Day ( 1962 ) Jacobellis v. Ohio ( 1964 ) Quantity of Books v. Kansas ( 1964 ) Freedman v. Maryland ( 1965 ) Ginzburg v. United States ( 1966 ) Memoirs v. Massachusetts ( 1966 ) Redrup v. New York ( 1967 ) Ginsberg v. New York ( 1968 ) Stanley v. Georgia ( 1969 ) Cohen v. California ( 1971 ) United States v. Thirty - seven Photographs ( 1971 ) Kois v. Wisconsin ( 1972 ) Miller v. California ( 1973 ) Paris Adult Theatre I v. Slaton ( 1973 ) United States v. 12 200 - ft . Reels of Film ( 1973 ) Jenkins v. Georgia ( 1974 ) Erznoznik v. City of Jacksonville ( 1975 ) Young v. American Mini Theatres ( 1976 ) New York v. Ferber ( 1982 ) American Booksellers v. Hudnut ( 7th Cir. , 1985 ) Renton v. Playtime Theatres , Inc. ( 1986 ) Osborne v. Ohio ( 1990 ) United States v. X-Citement Video ( 1994 ) Reno v. American Civil Liberties Union ( 1997 ) United States v. Playboy Entertainment Group ( 2000 ) Ashcroft v. Free Speech Coalition ( 2002 ) Ashcroft v. American Civil Liberties Union ( 2002 ) Nitke v. Gonzales ( S.D.N.Y. , 2005 ) United States v. Williams ( 2008 ) FCC v. Fox Televisions Stations - 2 cases ( 2009 and 2012 ) American Booksellers Foundation for Free Expression v. Strickland ( 6th Cir. , 2009 ) United States v. Kilbride ( 9th Cir. , 2009 ) United States v. Stevens ( 2010 ) Brown v. Entertainment Merchants Association ( 2011 ) Public employees Pickering v. Board of Education ( 1968 ) Perry v. Sindermann ( 1972 ) Board of Regents of State Colleges v. Roth ( 1972 ) Mt . Healthy City School District Board of Education v. Doyle ( 1977 ) Givhan v. Western Line Consolidated School District ( 1979 ) Connick v. Myers ( 1983 ) Rankin v. McPherson ( 1987 ) Waters v. Churchill ( 1994 ) Garcetti v. Ceballos ( 2006 ) Borough of Duryea v. Guarnieri ( 2011 ) Heffernan v. City of Paterson ( 2016 ) Hatch Act and similar laws Ex parte Curtis ( 1882 ) United Public Workers v. Mitchell ( 1947 ) United States Civil Service Commission v. National Association of Letter Carriers ( 1973 ) Broadrick v. Oklahoma ( 1973 ) Licensing and restriction of speech Mutual Film Corporation v. Industrial Commission of Ohio ( 1915 ) Joseph Burstyn , Inc. v. Wilson ( 1952 ) Freedman v. Maryland ( 1965 ) Virginia State Pharmacy Board v. Virginia Citizens Consumer Council ( 1976 ) Hoffman Estates v . The Flipside , Hoffman Estates , Inc. ( 1982 ) Walker v. Texas Division , Sons of Confederate Veterans ( 2015 ) Matal v. Tam ( 2017 ) Commercial speech Valentine v. Chrestensen ( 1942 ) Rowan v. U.S. Post Office Dept. ( 1970 ) Pittsburgh Press Co. v. Pittsburgh Commission on Human Relations ( 1973 ) Bigelow v. Commonwealth of Virginia ( 1974 ) Virginia State Pharmacy Board v. Virginia Citizens Consumer Council ( 1976 ) Bates v. 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Taxation with Representation of Washington ( 1983 ) FEC v. National Conservative Political Action Committee ( 1985 ) FEC v. Massachusetts Citizens for Life ( 1986 ) Austin v. Michigan Chamber of Commerce ( 1990 ) McIntyre v. Ohio Elections Commission ( 1995 ) Colorado Republican Federal Campaign Committee v. FEC ( 1996 ) Nixon v. Shrink Missouri Government PAC ( 2000 ) FEC v. Colorado Republican Federal Campaign Committee ( 2001 ) Republican Party of Minnesota v. White ( 2002 ) McConnell v. FEC ( 2003 ) FEC v. Beaumont ( 2003 ) Randall v. Sorrell ( 2006 ) FEC v. Wisconsin Right to Life , Inc. ( 2007 ) Davis v. FEC ( 2008 ) Citizens United v. FEC ( 2010 ) McComish v. Bennett ( 2011 ) American Tradition Partnership v. Bullock ( 2012 ) McCutcheon v. Federal Election Commission ( 2014 ) Williams - Yulee v . The Florida Bar ( 2015 ) <Td_colspan="2"> <Th_colspan="2"> Freedom of the press <Td_colspan="2"> Prior restraints and censorship Near v. Minnesota ( 1931 ) Lovell v. City of Griffin ( 1938 ) Hannegan v. Esquire , Inc. ( 1946 ) New York Times Co. v. United States ( 1971 ) Miami Herald Publishing Co. v. Tornillo ( 1974 ) Nebraska Press Ass'n v. Stuart ( 1976 ) Landmark Communications , Inc. v. Virginia ( 1978 ) Smith v. Daily Mail Publishing Co. ( 1979 ) Tory v. Cochran ( 2005 ) Privacy Time , Inc. v. Hill ( 1967 ) Cox Broadcasting Corp. v. Cohn ( 1975 ) Florida Star v. B.J.F. ( 1989 ) Taxation and privileges Grosjean v. American Press Co. ( 1936 ) Branzburg v. Hayes ( 1972 ) Minneapolis Star Tribune Company v. Commissioner ( 1983 ) Defamation Beauharnais v. Illinois ( 1952 ) New York Times Co. v. Sullivan ( 1964 ) Curtis Publishing Co. v. Butts ( 1967 ) Gertz v. Robert Welch , Inc. ( 1974 ) Time , Inc. v. Firestone ( 1976 ) Bose Corp. v. Consumers Union of United States , Inc. ( 1984 ) Dun & Bradstreet , Inc. v. Greenmoss Builders , Inc. ( 1985 ) McDonald v. Smith ( 1985 ) Hustler Magazine v. Falwell ( 1988 ) Harte - Hanks Communications v. 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Dale ( 2000 ) Retrieved from `` https://en.wikipedia.org/w/index.php?title=Gitlow_v._New_York&oldid=814842465 '' Categories : 1925 in United States case law Incorporation case law United States Supreme Court cases United States Free Speech Clause case law American Civil Liberties Union litigation Legal history of New York ( state ) Socialist Party of America United States Supreme Court cases of the Taft Court Talk Contents About Wikipedia Add links This page was last edited on 11 December 2017 , at 07 : 05 . Text is available under the Creative Commons Attribution - ShareAlike License ; additional terms may apply . By using this site , you agree to the Terms of Use and Privacy Policy . Wikipedia ® is a registered trademark of the Wikimedia Foundation , Inc. , a non-profit organization . About Wikipedia