Gitlow v. New
York
1925
By Shannon Bess
After the Red Scare,
Benjamin Gitlow
• Socialist Party of America member
• New York’s Criminal Anarchy Law of
1902
• arrested for publishing &
distributing copies of
“Left Wing Manifesto”
• advocating forceful
overthrow of the
government
• Gitlow argued that there
was no resulting action
following the manifesto
1st Amendment:
Freedom of Speech
Is the New York law that punishes advocacy to
overthrow the government by force a violation of
the free speech clause of the 1st Amendment?
NO
Supreme Court’s Ruling
7 votes for New York
2 votes against
Implications of the Ruling
1st Amendment does apply to states
• 14th Amendment prohibits states from infringing upon
1st Amendment rights
States can forbid both speech & publication if:
• Have tendency to result in action that is dangerous
to public security
• Even if creates no clear & present danger
• Known as the “dangerous tendency” test
• If legislature decides its so dangerous that it must
be prohibited,
• Defendant will be punished
• Even if the speech did not create any
danger