Gitlow v. New York

Definition

Gitlow v. New York was a landmark Supreme Court case decided in 1925 that established the principle of selective incorporation, applying the First Amendment's free speech protections to state governments. The case arose when Benjamin Gitlow was arrested for distributing a leftist manifesto advocating for socialism, and the Court ruled that states could not infringe upon free speech rights protected by the Constitution, thus expanding the scope of the Bill of Rights beyond just federal restrictions.

5 Must Know Facts For Your Next Test

1. Gitlow was convicted under New York's Criminal Anarchy Law for promoting ideas deemed dangerous to public order.
2. The Supreme Court's decision in this case was one of the first to apply the First Amendment to state laws through the Fourteenth Amendment's Due Process Clause.
3. The ruling did not establish an absolute right to free speech; instead, it allowed for limitations if the speech posed a 'dangerous tendency'.
4. This case set a precedent for future rulings regarding free speech and civil liberties at both state and federal levels.
5. Gitlow v. New York was significant in affirming the idea that freedom of speech is a fundamental right essential to democracy.

Review Questions

• How did Gitlow v. New York change the relationship between state laws and the First Amendment?
  • Gitlow v. New York marked a significant shift in how state laws interacted with constitutional rights, particularly those protected by the First Amendment. The Supreme Court's ruling applied these rights to state actions through selective incorporation via the Fourteenth Amendment. This meant that states could no longer enact laws that infringe upon free speech rights guaranteed by the Constitution, establishing a crucial precedent for civil liberties.
• What were the implications of the 'clear and present danger' standard established in Gitlow v. New York?
  • The 'clear and present danger' standard created in Gitlow v. New York allowed for the restriction of free speech when it posed a significant threat to public safety or order. This framework meant that while individuals had the right to express their views, those expressions could be limited if they were seen as inciting violence or unrest. It provided a balance between protecting civil liberties and maintaining social order, influencing future free speech cases.
• Evaluate the long-term impact of Gitlow v. New York on American civil liberties and its relevance today.
  • The long-term impact of Gitlow v. New York has been profound in shaping American civil liberties. By establishing that First Amendment rights are applicable at both federal and state levels, it laid the groundwork for many subsequent Supreme Court cases involving free speech and expression. Its relevance today can be seen in ongoing debates about hate speech, protest rights, and government regulation of expression, highlighting its continued influence on how we understand and protect civil liberties in a democratic society.

Related terms

Selective Incorporation: The constitutional doctrine that ensures that certain protections in the Bill of Rights are applied to state governments through the Fourteenth Amendment.

First Amendment:

An amendment to the United States Constitution that protects several fundamental rights, including freedom of speech, press, religion, assembly, and petition.

Clear and Present Danger Test: A legal standard used to determine under what circumstances limits can be placed on First Amendment freedoms of speech, particularly if it poses a significant risk or threat to public safety.