Gitlow v. New York addresses one of the most important individual rights that is administered to the American people: freedom of speech. Freedom of speech is a liberty granted to Americans under the First Amendment of the United States Constitution; however, in this landmark Supreme Court Case, Benjamin Gitlow was convicted of violating the New York Criminal Act of 1902, which outlaws anti-government speech that is publicized in print. Gitlow published a manifesto that advocated the overthrow of the government by unlawful methods, and he argued that the State of New York violated his constitutional rights.
Essentially, the United States Supreme Court ruled that Benjamin Gitlow was guilty because he had advocated overturning the government by violence and force, which is inscribed in "The Left Wing Manifesto", and he printed and deliberately circulated a paper called "The Revolutionary Age", which similarly contains written promotion and teaching that organized government should be overthrown by unlawful means. In addition, the Court also ruled that free speech protections of the First Amendment could not be infringed on by the states because of the due process protections of the Fourteenth Amendment, which asserts that states must respect the legal rights of a citizen. Fundamentally, the Court declared that Benjamin Gitlow was guilty of his accused crimes of criminal anarchy speech, but although New York was justified in its prohibition of the manifesto because "such utterances, by their very nature, involve danger to the public peace and to the security of the State", free speech protections of the First Amendment cannot be violated by the states on account of the due process clause.
Evidently, it is an established principle that freedom of speech and of the press, which are guaranteed by the United States Constitution, are not full and complete rights to speak or publish whatever one wants in an unrestricted manner without consequences. This freedoms are privileges granted to American citizens that have limits, so if abused, repercussions can result.
"Gitlow v. New York." American History Online. Facts On File, Inc. http://www.fofweb.com/activelink2.asp? ItemID=WE52&iPin=E10590&SingleRecord=True (accessed May 27, 2013).
Case Details
Historical Background
Gitlow v. New York addresses one of the most important individual rights that is administered to the American people: freedom of speech. Freedom of speech is a liberty granted to Americans under the First Amendment of the United States Constitution; however, in this landmark Supreme Court Case, Benjamin Gitlow was convicted of violating the New York Criminal Act of 1902, which outlaws anti-government speech that is publicized in print. Gitlow published a manifesto that advocated the overthrow of the government by unlawful methods, and he argued that the State of New York violated his constitutional rights.
Essentially, the United States Supreme Court ruled that Benjamin Gitlow was guilty because he had advocated overturning the government by violence and force, which is inscribed in "The Left Wing Manifesto", and he printed and deliberately circulated a paper called "The Revolutionary Age", which similarly contains written promotion and teaching that organized government should be overthrown by unlawful means. In addition, the Court also ruled that free speech protections of the First Amendment could not be infringed on by the states because of the due process protections of the Fourteenth Amendment, which asserts that states must respect the legal rights of a citizen. Fundamentally, the Court declared that Benjamin Gitlow was guilty of his accused crimes of criminal anarchy speech, but although New York was justified in its prohibition of the manifesto because "such utterances, by their very nature, involve danger to the public peace and to the security of the State", free speech protections of the First Amendment cannot be violated by the states on account of the due process clause.
Evidently, it is an established principle that freedom of speech and of the press, which are guaranteed by the United States Constitution, are not full and complete rights to speak or publish whatever one wants in an unrestricted manner without consequences. This freedoms are privileges granted to American citizens that have limits, so if abused, repercussions can result.
"Gitlow v. New York." American History Online. Facts On File, Inc. http://www.fofweb.com/activelink2.asp?
ItemID=WE52&iPin=E10590&SingleRecord=True (accessed May 27, 2013).
Great Neck, Publishing. "Gitlow V. People of New York." Gitlow V. People of New York (2009): 1. History Reference Center. Web. 27 May 2013.
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