freedom of speech

freedom of speech

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  • Benjamin Gitlow 
  •  Is it a unconstitutional violation of the free speech clause of the First Amendment?
  • First Amendment does apply to the states
  • Freedom of Speech: Gitlow vs New York (1925)
  • State can still forbid such actions
  • Gitlow was was arrested for distributing copies of a "left-wing manifesto", but he argued that since that was no sense of danger from the manifesto's publication, it is a violation of speech
  • Right Granted: The first Amendment shows liberty protected by due process that no state will deny
  • Right Denied: states may forbid speech if they have a tendency to result in action dangerous to public security, even if the circumstances results in no danger
  • The Free Speech Clause does not shield Gitlow from the New York statute
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