Gitlow v. New York

Definition

Gitlow v. New York was a landmark Supreme Court case in 1925 that addressed the issue of free speech under the First Amendment and its application to state governments through the 14th Amendment. The case established the precedent for selective incorporation, which means that certain protections in the Bill of Rights are applied to the states on a case-by-case basis. This decision marked a significant shift in how the rights granted by the federal government could also protect individuals from state actions.

5 Must Know Facts For Your Next Test

1. In Gitlow v. New York, Benjamin Gitlow was arrested for distributing socialist pamphlets that advocated for violent revolution, leading to his conviction under New York's Criminal Anarchy Law.
2. The Supreme Court ruled that while states have the right to restrict speech that incites illegal action, Gitlow's advocacy was protected under the First Amendment because it did not pose an immediate threat.
3. This case was one of the first to apply the First Amendment's protections to state governments through the 14th Amendment, marking a crucial moment in American constitutional law.
4. The Gitlow decision set a precedent for future cases regarding freedom of speech and expression, allowing for more expansive interpretations of individual rights at both federal and state levels.
5. The ruling underscored that even unpopular or dissenting opinions are protected under the Constitution, reinforcing the importance of free speech in a democratic society.

Review Questions

• How did Gitlow v. New York influence the concept of selective incorporation in relation to free speech?
  • Gitlow v. New York significantly influenced selective incorporation by establishing that the protections offered by the First Amendment also apply to state governments through the 14th Amendment. The ruling highlighted that states could not infringe upon an individual's right to free speech, even when such speech was considered dangerous or subversive. This set a precedent for future cases where other rights in the Bill of Rights would also be incorporated and protected against state actions.
• In what ways does Gitlow v. New York illustrate the balance between state power and individual rights?
  • Gitlow v. New York illustrates the balance between state power and individual rights by acknowledging that while states have authority to regulate speech that incites illegal actions, they cannot do so arbitrarily or suppress dissenting opinions entirely. The Supreme Court recognized that individual rights must be upheld even when facing potentially disruptive ideas, establishing a legal framework that protects freedom of expression while still allowing states some level of regulatory authority.
• Evaluate how Gitlow v. New York has shaped contemporary discussions about free speech and its limits in modern America.
  • Gitlow v. New York has profoundly shaped contemporary discussions about free speech by laying foundational principles regarding what constitutes protected expression and where limitations can be applied. The case emphasizes that even offensive or unpopular speech is entitled to protection under the Constitution, influencing debates around hate speech, protest rights, and governmental regulation of expression today. The decision continues to serve as a reference point for legal arguments surrounding free speech, balancing societal safety with individual liberties in an increasingly complex media landscape.

Related terms

Selective Incorporation:

The legal doctrine by which certain protections in the Bill of Rights are applied to the states through the 14th Amendment's Due Process Clause.

First Amendment:

Part of the Bill of Rights that guarantees freedoms concerning religion, expression, assembly, and the right to petition the government.

14th Amendment:

An amendment to the U.S. Constitution that addresses citizenship rights and equal protection under the law, often used as a basis for incorporating the Bill of Rights to apply at the state level.