Gitlow v. New York
Supreme Court
First Amendment Case
Freedom of Speech
Facts of the Case

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Argued: April 12,
1923
Decided: June 8,
1925
Gitlow was arrested
and convicted for
criminal anarchy
under New York state
law
Question & Opinions

Question:
Does the New York
law punishing the
advocacy of
overthrowing the
government an
unconstitutional
violation of the free
speech clause of the
First Amendment?

Majority
Justice Stanford: States
can punish those
threatening overthrow

Dissenting
Justice Holmes: Gitlow
did not present a
present danger
Conclusion

1st Amendment applies to states; Due Process
Clause in 14th Amendment

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Indoctrination Clause
The Supreme Court upheld New York’s
conviction by vote of 7-2
Pleasant Grove City v. Summum
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Issue: Does a city's refusal to
place a religious organization's
monument in a public park
violate that organization's First
Amendment free speech rights
when the park already
contains a monument from a
different religious group?
Decision: No. A monument in
a public park is form of
government speech.
Unanimous vote with 4 varying
concurrent opinions.