Gitlow v. NY
Storyboard Text
- In 1918, Benjamin Gitlow was arrested and tried under the New York Criminal Anarchy Act of 1902, which prohibited criminal anarchy. Gitlow had published Left Wing Manifesto, a pamphlet that predicted a revolution and overthrow of the government. The American Civil Liberties Union (ACLU) represented Gitlow in the appeal to the U.S. Supreme Court, arguing the New York law violated the First and Fourteenth Amendments.
- Free Speech! Free Speech! Free Speech!!!
- What happened to my first amendment rights?!?!
- Two questions were raised as a result of this case: 1. Is the New York Law Constitutional?2. Is the 1st Amendment Free Speech Clause applicable to the states through the 14th Amendment's Due Process Clause?
- The case went to the Supreme Court for judicial review, and this was the verdict:
- As for the New York law, the Supreme Court held that its constitutionality should be upheld. In regards to the 1st amendment application to the states via the 14th, however...
- For the majority (which was 7-2), Justice Edward Sandford said that the words in the Manifesto were "the language of direct incitement," and as a result, the Court concluded there had been no constitutional violation. The majority additionally recognized the application of the 1st amendment through the 14th.
- Citizens' free speech is protected by the 1st Amendment through the 14th, however, Gitlow's Manifesto falls under the "clear and present danger" category.
- Justice Holmes and Justice Brandeis were of the dissenting opinion. Holmes agreed that the Free Speech clause applies to the states through the 14th amendment. He disagreed, however, that the Manifesto met the "clear and present danger test."
- Every idea is an incitement.
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