Questions and Answers
What is the name of the case?
Gitlow v. New York (1925)
What were the facts of the case?
Gitlow, a socialist, was arrested in 1919 for distributing a 'Left Wing Manifesto' advocating socialism through strikes.
What constitutional concepts or issues are at play in Gitlow v. New York?
1st Amendment; freedom of speech
What was the ruling of the Court in Gitlow v. New York?
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What did the Court conclude in its holding decision?
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What was the dissenting opinion in Gitlow v. New York?
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Which of the following cases relate to Gitlow v. New York regarding free speech? (Select all that apply)
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Study Notes
Case Overview
- Gitlow v. New York, decided in 1925, focused on free speech rights under the 1st Amendment.
- The case was significant in interpreting the extent of First Amendment protections at the state level.
Facts of the Case
- Benjamin Gitlow, a socialist, was arrested in 1919 for distributing a "Left Wing Manifesto."
- The manifesto promoted the establishment of socialism through strikes and various forms of class action.
- Gitlow was convicted under New York's Criminal Anarchy Law, which penalized advocating for the government's violent overthrow.
- During trial, Gitlow argued that the manifesto did not incite actual violence, and therefore the law penalized non-inciting speech.
Constitutional Concepts
- Central issue involved the First Amendment's guarantee of freedom of speech.
- The case addressed whether states could limit speech that potentially threatens government stability.
Ruling
- The Supreme Court ruled 7-2 against Gitlow, affirming the conviction.
Holding Decision Explanation
- The Court maintained that New York had the authority to prohibit advocacy for violent government overthrow.
- The ruling emphasized national security, asserting that the government could restrict speech that poses a threat to its existence.
Dissenting Opinion
- Justice Oliver Wendell Holmes dissented, arguing that Gitlow's expression did not meet the "clear and present danger" test established in Schenck v. U.S.
- Holmes contended that Gitlow's abstract call to action lacked sufficient immediacy to justify punishment as it would not provoke widespread response.
Related Cases
- Tinker v. Des Moines: Addressed students' free speech rights, emphasizing protected expression.
- Schenck v. U.S.: Established the "clear and present danger" test regarding limitations on speech, similar to issues raised in Gitlow's case.
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Test your knowledge on the landmark case Gitlow v. New York (1925) with these flashcards. The quiz covers crucial information such as the case name and significant facts surrounding Gitlow's conviction under New York's Criminal Anarchy Law. Perfect for AP Government students preparing for exams!
