Publishing a socialist newspaper. -Apex
publishing a socialist newspaper
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On the principal matter: does the Bill of Rights - in this case: the right of freedom of speech - also apply to State legislation - Benjamin Gitlow won. But the Supreme Court on the other hand upheld Gitlow's 8-year prison sentence for publishing a left-wing pamphlet.
The Incorporation Doctrine. The Gitlow case was the first time the Supreme Court was asked to consider whether the 14th Amendment to the US Constitution incorporated the Bill of Rights into the states' constitutions. While the court upheld the lower court decision and refused to overturn Gitlow's conviction, the case lead to future Supreme Court decisions incorporating the Bill of Rights into state constitutions.
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Benjamin Franklin!
Benjamin Gitlow had been convicted for "Criminal anarchy" under a NY State law for publishing a Left Wing manifesto. He appealed to the Supreme Court on the grounds that this law conflicted with the constitutional freedom of speech as laid down in the First Amendment. The case was significant because until that time the Supreme Court always had held that the Bill of Rights only applied to the Federal Government, and that individual States could by State law limit those rights, without Federal courts having the right to interfere. In this case it was decided for the first time that the Bill of Rights could be binding for States as well, and that a Federal court did have the authority to review a State law on that basis.
Gitlow v. New York
One of the first times that the Supreme Court interpreted the full scope of the First Amendment was in 1925. The case was that of Gitlow v. New York.
Convicted