Gitlow v. New
York
By Benjamin Strunk
BACKGROUND
In the 1920s, after the Red Scare, many
socialists were calling for anarchy. Benjamin
Gitlow, a member of the Socialist Party of
America, was convicted for criminal anarchy
under New York’s Criminal Anarchy Law of
1902. He was convicted because he was
distributing “Left Wing Manifesto” which
called for the establishment of socialism
through overthrow of the government.
Who is Gitlow?
Benjamin Gitlow was 29 when he was charged for
Criminal Anarchy in New York State. He was
convicted and sentenced to 5-10 years, after 2 years
of his sentence they got the case appealed so it went
to the Supreme Court. He was a member of the
American Socialist Party and was later a founding
member of the Communist Party USA.
How Would You Decide?
New York’s Argument
New York’s argument is that Gitlow was
breaking the Criminal Anarchy Law of
1902.
That his words caused a security
problem because he encouraged violent
overthrow of the government.
Gitlow’s Argument
His argument was that his actions
were protected under the First
Amendment, freedom of speech.
He also argued that since no one took
action on his words they were
charging him on nothing.
Ideas/Rights Being Argued
Is it Gitlow’s right through the first amendment to promote the overthrow of the
government?
Should New York (or the government in general) be allowed to limit freedoms
given in the first amendment or is it unconstitutional?
The Supreme Court’s Decision
The Supreme Court argued the case on April 12th and November 23th of 1923, it
was decided on June 8th, 1925.
Decided by a 7-2 vote
They upheld New York’s conviction of Gitlow saying that a state can forbid speech
and publication if they have a tendency to result in dangerous action towards public
security.
Case Significance
The ruling of the case actually expanded
the freedom of speech by giving the same
rights to states.
It also rejected the “clear and present
danger” test established in Schenck v. US
and replaced it with the “bad/dangerous
tendency” test.
Recap Quiz
What era did this take place in?
What was Gitlow’s political stance?
What was Gitlow’s argument?
What was New York’s argument?
How did the Supreme Court decide?
Work Cited
https://www.oyez.org/cases/1900-1940/268us652
https://www.britannica.com/event/Gitlow-v-New-York