Gitlow v. New York

Definition

Gitlow v. New York is a landmark Supreme Court case from 1925 that established the principle of selective incorporation, applying the First Amendment's protections of free speech to state laws through the Fourteenth Amendment's Due Process Clause. This case set a precedent for how states must respect civil liberties and illustrated the growing importance of the Bill of Rights in protecting individual freedoms from government interference.

5 Must Know Facts For Your Next Test

1. The case involved Benjamin Gitlow, who was arrested for distributing a leftist manifesto advocating for socialism, which New York state deemed as advocating for criminal anarchy.
2. The Supreme Court ruled that Gitlow's First Amendment right to free speech was applicable to state governments through the Fourteenth Amendment.
3. This decision marked one of the first times that the Supreme Court applied the Bill of Rights to state legislation, leading to a broader understanding of civil liberties.
4. The ruling also emphasized that states could restrict speech if it posed a clear and present danger to public safety or national security.
5. Gitlow v. New York laid the groundwork for future cases that expanded civil liberties at both federal and state levels.

Review Questions

• How did Gitlow v. New York contribute to the understanding of civil liberties in relation to state government actions?
  • Gitlow v. New York played a crucial role in defining civil liberties by establishing that states are not free to infringe on individual rights protected by the First Amendment. This case demonstrated that the protections granted by the Bill of Rights extend to actions taken by state governments through the concept of selective incorporation via the Fourteenth Amendment. By affirming Gitlow's right to free speech, the Supreme Court clarified that civil liberties are fundamental rights that must be respected at all levels of government.
• Discuss the implications of the Supreme Court's ruling in Gitlow v. New York on future free speech cases.
  • The ruling in Gitlow v. New York set an important legal precedent for future free speech cases by affirming that First Amendment protections apply to states as well as federal authorities. This led to increased scrutiny of state laws affecting freedom of expression and established a legal framework for evaluating such laws based on their potential harm or danger. Subsequent cases have built upon this foundation, further shaping how courts assess limitations on speech and expanding civil liberties protections across various contexts.
• Evaluate how Gitlow v. New York reflects broader changes in American society regarding civil liberties and government power during the early 20th century.
  • Gitlow v. New York illustrates significant shifts in American society concerning civil liberties and government authority during the early 20th century, particularly in response to growing social movements and political dissent. As concerns about radical ideas gained traction, the Supreme Court's decision reflected a balancing act between protecting individual freedoms and addressing public safety concerns amidst fears of communism and anarchism. This case marked a turning point where courts began recognizing the necessity of safeguarding civil liberties against governmental overreach, influencing subsequent judicial interpretations and expanding individual rights in American law.

Related terms

Selective Incorporation: The legal doctrine by which certain protections in the Bill of Rights are applied to the states through the Fourteenth Amendment.

First Amendment:

An amendment to the U.S. Constitution that guarantees freedoms concerning religion, expression, assembly, and the right to petition.

Fourteenth Amendment: An amendment to the U.S. Constitution that addresses citizenship rights and equal protection under the law, and is often used in civil rights cases.