When the United States Supreme Court finally issued the decision for Gitlow v. New York in 1925, the significance of the case was a victory for freedom of speech. It was declared that freedom of speech and of the press, which are protected by the First Amendment from abridgment by Congress, are also fundamental rights that are protected by the due process clause of the Fourteenth Amendment from impairment by the states.
Previously in the nineteenth century, it was held that the "liberty" referred to in the Fourteenth Amendment just restricted the states from exacting physical restraints without due process. Provisions of the Bill of Rights such as freedom of speech and of the press were only binding to the federal government, and the states could agree or disregard the freedoms. It was Justice Edward Terry Sanford's opinion on the case that was an alarming step toward freedom of speech and away from states' rights.
Therefore, the renowned case of Gitlow v. New York is relevant today because although Benjamin Gitlow was considered guilty for his crime of criminal anarchy, the Court expanded on free speech protections of the First Amendment, which were earlier only applied against congressional action, and now are preserved from the states by the due process clause of the Fourteenth Amendment.
Sources:
"Gitlow v. New York." Great American Court Cases. Ed. Mark Mikula and L. Mpho Mabunda. Vol. 1: Individual Liberties. Detroit: Gale, 1999. Opposing Viewpoints In Context. Web. 27 May 2013.
Impact Today
When the United States Supreme Court finally issued the decision for Gitlow v. New York in 1925, the significance of the case was a victory for freedom of speech. It was declared that freedom of speech and of the press, which are protected by the First Amendment from abridgment by Congress, are also fundamental rights that are protected by the due process clause of the Fourteenth Amendment from impairment by the states.
Previously in the nineteenth century, it was held that the "liberty" referred to in the Fourteenth Amendment just restricted the states from exacting physical restraints without due process. Provisions of the Bill of Rights such as freedom of speech and of the press were only binding to the federal government, and the states could agree or disregard the freedoms. It was Justice Edward Terry Sanford's opinion on the case that was an alarming step toward freedom of speech and away from states' rights.
Therefore, the renowned case of Gitlow v. New York is relevant today because although Benjamin Gitlow was considered guilty for his crime of criminal anarchy, the Court expanded on free speech protections of the First Amendment, which were earlier only applied against congressional action, and now are preserved from the states by the due process clause of the Fourteenth Amendment.
Sources:
"Gitlow v. New York." Great American Court Cases. Ed. Mark Mikula and L. Mpho Mabunda. Vol. 1: Individual Liberties. Detroit: Gale, 1999. Opposing Viewpoints In Context. Web. 27 May 2013.