Introduction
The Gitlow v New York case is an important landmark decision by the United States Supreme Court that addressed the freedom of speech and the use of the First Amendment to apply to state actions. The case involved the conviction of a man named Benjamin Gitlow who was charged with criminal anarchy for publishing and circulating literature advocating the overthrow of the government. The Supreme Court’s decision in Gitlow v New York upheld Gitlow’s conviction but expanded the protection of free speech under the First Amendment to the states through the doctrine of incorporation.
Background
In 1919, Benjamin Gitlow was arrested and charged with criminal anarchy in the state of New York for publishing and distributing socialist literature that advocated for the overthrow of the government. Gitlow was convicted and sentenced to 20 years in prison. Gitlow appealed his conviction on the grounds that his right to free speech under the First Amendment had been violated.
The case eventually made its way to the Supreme Court, which agreed to hear the case to determine whether the conviction of Gitlow violated the First Amendment’s protection of freedom of speech.
The Court’s Decision
In a 7-2 decision, the Supreme Court held that the conviction of Gitlow did not violate the First Amendment’s protection of free speech. However, the Court also expanded the First Amendment’s protection of free speech to the states through the doctrine of incorporation.
The Court held that the First Amendment’s protection of free speech was a fundamental right that was essential to maintaining a democratic society. The Court also emphasized that the First Amendment’s protection of free speech applied to state actions through the Fourteenth Amendment’s due process clause, which incorporated the Bill of Rights to apply to the states.
Impact and Legacy
The Gitlow v New York decision had a significant impact on the interpretation and application of the First Amendment’s protection of free speech. The decision expanded the protection of free speech to the states through the doctrine of incorporation and emphasized the importance of the First Amendment’s protection of free speech in maintaining a democratic society.
The decision also established a precedent for the incorporation of other provisions of the Bill of Rights to apply to the states. The doctrine of incorporation has been used in subsequent cases to incorporate other provisions of the Bill of Rights, such as the Fourth Amendment’s protection against unreasonable searches and seizures, to apply to the states.
The Gitlow v New York decision remains an important part of American legal history and continues to shape the interpretation and application of the First Amendment’s protection of free speech.
Conclusion
The Gitlow v New York case was a landmark decision by the US Supreme Court that expanded the protection of free speech under the First Amendment to the states through the doctrine of incorporation. The decision upheld the conviction of Benjamin Gitlow but emphasized the importance of the First Amendment’s protection of free speech in maintaining a democratic society. The decision also established a precedent for the incorporation of other provisions of the Bill of Rights to apply to the states and remains an important part of American legal history.
Gitlow v. New York: The Background
The case of Gitlow v. New York took place in 1925. The case of Gitlow v. New York dealt with a number of Constitutional amendments—these are the rights guaranteed to American citizens. The case of Gitlow v. New York also dealt with state governments and specifically their ability to uphold these civil liberties expressed in the United States Constitution.
The case of Gitlow v. New York deals with a man named Benjamin Gitlow. This man was considered to be a Socialist and a potential anarchist. The United States government viewed this man as a threat because he believed in a type of government that the United States did not practice. Benjamin Gitlow was charged with violating “Anti Anarchist” laws because he spread magazines and newspapers which degraded the United States government and preached anti-government views.
Benjamin Gitlow was a socialist. He did not believe in how the United States governed its people. To spread his views, Gitlow published a number of papers and magazines which ultimately talked bad about the United States government. The Federal Government did not like Gitlow’s efforts. The government was afraid that Gitlow’s words would spark an uprising against the government.
Following this initial conviction, Benjamin Gitlow appealed, stating that his charges were in direct violation of his 1st and 14th amendment rights—these rights are guaranteed in the United States Constitution. This appeal is regarded as the Gitlow v. New York case.
Gitlow v. New York: The Case Profile
In Gitlow v. New York, Benjamin Gitlow was convicted of violating legislation that outlawed anti-government speech that is spread to the general public in newspapers, magazines, or other print. In response to these charges, Benjamin Gitlow appealed claiming the State of New York violated his constitutional rights. The case of Gitlow v. New York was heard in the United States Supreme Court. Gitlow v. New York was officially decided on June 8th of 1925.
Gitlow v. New York: The Verdict
The United States Supreme Court found that Benjamin Gitlow was guilty of his crimes; however, the court also found that the individual state governments were not allowed to deny their residents the civil and human rights expressed within the United States Constitution. The ruling of Gitlow v. New York basically said that the New York state government abused their powers, but Benjamin Gitlow was in fact guilty of his accused crimes.
The 1st Amendment of the United States Constitution ensures that all citizens of the country are awarded the right to free speech. This right also includes the freedom to express oneself so long as the individual’s actions are legal. Benjamin Gitlow, because he spread anti-government and hateful speech was not protected under the 1st amendment of the United States Constitution. If you need legal advice and assistance, contact New York lawyers.
