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Gitlow V New York

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Gitlow V New York
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  • Gitlow v New York
  • Is the 1st Amendment's free speech clause applicable to the States through the 14th Amendment's due process clause?
  • Gitlow argued that the New York Criminal Anarchy Act of 1902 went against the First and Fourteenth Amendment, hence him publishing the Left Wing Manifesto.
  • New York was in defense of their act claiming that the Fourteenth Amendment protected personal rights and liberties under due process.
  • The ruling was in favor of New York 7-2 given by Justice Edward Stanford.
  • In dissent, Justice Oliver Wendell Homes declared that the Manifesto's words didn't go with "clear and present danger." With that being said, Gitlow was cleared from the test.
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