How did the Fourteenth Amendment of the US Constitution reach certain limitations on Federal Government authority set forth in the First Amendment?
The state of New York cannot prove that any harm has occurred from Gitlow's exercise of freedom of speech and press.
The state of New York argues that the object of violence was present in Gitlow's Pamphlet and they had to take control to avoid any damage to the population.
The Court decided in a 7-2 vote that New York was doing the constitutional thing, stating that the majority opinion was "a fundamental principle" and that the freedom of speech does not condone the right to speak without responsibility.
The dissenting opinion by Justices Holmes and Brandeis, was that "Every idea is an incitement" and that Gitlow's words did not present "clear and present danger".