Gitlow+v.+New+York

Gitlow v. New York

Clara Almy

Gitlow v. New York (1925)

A socialist, Gitlow, was arrested for handing out copies of a “left-wing manifesto” that called for socialism. Gitlow was convicted at the state level. He argued that because nothing resulted from the publication of the pamphlet, he should not be punished. New York courts decided that anyone who advocated the dotrine of violent revolution violated the law.

Does Gitlow’s punishment by the courts violate his first amendment rights?

Supreme court ruled that the First Amendment applied to the states, but a state may forbid both speech and publication if they result in action that may be dangerous for the public.