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What was the important precedent set by the Gitlow v. New York case?
Wiki User
∙ 8y ago
The case was important at the time because it was one of several cases that carved out an area of unprotected speech under the US Constitution - in this case overthrowing the government. At the time, the court essentially saw a real and present danger in vociferously undermining the government. Justice Holmes and Brandeis, probably the most respected justices of that court, vigorously dissented. This has been one of the most volatile areas of constitutional law, the court overruling itself several times, but the result has been practically all laws referring to this kind of speech are gone, there's no way the facts of the Gitlow case could exist today. Though theoretically still available, the Supreme Court recently referred to this exception to constitutionally protected speech as a "vanishingly small category of speech that can be prohibited because of its feared consequences" Morse v Frederick, 551 US 393 (2007).
Wiki User
∙ 8y ago
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what had Benjamin Gitlow been convicted for in the supreme court case Gitlow VS New York?
publishing a socialist newspaper
What had Benjamin gitlow been convicted for in the Supreme Court case gitlow v. New York?
Publishing a socialist newspaper. -Apex
What are the constitutional issues in the Gitlow vs New York court case?
The primary Constitutional issue in Gitlow v. New York was whether or not 14th Amendment rights (right to freedom of expression and of the press) applied to state disputes, too.
Why is the doctrine of precedence important?
The doctrine of precedent is important because that's where the courts use to govern current cases or to apply the laws if and when a precedent case applies to it.
Who won in the Gitlow vs New York Supreme Court Case?
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.
What term describes a ruling in an earlier legal case that is similar to a current case?
Precedent
Which doctrine is known from the gitlow case?
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.
Why was Barron v Baltimore overturned?
The case Gitlow V. Newyork ruled the complete opposite, overturning it.
To what extent are precedent are binding or not binding?
it depends on how old the precedent is, how closely related is it to the case you are looking at and the difference between your precedent and crown/defense lawyer's precedent
What is a previous case that gives guidance to other judges hearing similar cases?
Precedent
What is the precedent on the case united steelworkers v weber?
The precedent of the case above was concerning affirmative action. The case involved Brian Weber taking on the United Steelworkers union.Ê
What is another term for case law?
"Precedent"?
