Benjamin Gitlow was convicted under New York's Criminal Anarchy Law for distributing a socialist manifesto promoting the overthrow of the government. His case, Gitlow v. New York (1925), raised significant questions about free speech and the limits of state power. The Supreme Court ultimately upheld his conviction, ruling that states could restrict speech that poses a clear and present danger to public safety. However, this case also marked an important step in the incorporation of the First Amendment rights to the states.
Stuart Gitlow was born in 1962.
Benjamin Gitlow died in 1965.
Benjamin Gitlow was born in 1891.
Benjamin Gitlow has written: 'The whole of their lives'
Abraham L. Gitlow has written: 'Economics'
publishing a socialist newspaper
The impact of Gitlow v. New York caused courts to prohibit the types of speech that could be suppressed by the government. The ruling in Gitlow v. New York was thrown out in the 1930's.
Publishing a socialist newspaper. -Apex
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 case involving Benjamin Gitlow, known as Gitlow v. New York (1925), was not overturned; it established the precedent that the First Amendment's free speech protections apply to state governments through the Fourteenth Amendment's Due Process Clause. The Supreme Court upheld Gitlow's conviction for distributing socialist materials, ruling that states could restrict speech that poses a "dangerous tendency." While the decision itself was not overturned, it laid the groundwork for future cases that expanded First Amendment protections.
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.
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.