Gitlow v. New YorkGitlow v. New York

Supreme CourtSupreme Court

First Amendment CaseFirst Amendment Case

Freedom of SpeechFreedom of Speech

Facts of the CaseFacts of the Case

Argued: April 12, Argued: April 12, 19231923

Decided: June 8, Decided: June 8, 1925 1925

Gitlow was Gitlow was arrested and arrested and convicted for convicted for criminal anarchy criminal anarchy under New York under New York state lawstate law

Question & OpinionsQuestion & Opinions

Question:Question:

Does the New York Does the New York law punishing the law punishing the advocacy of advocacy of overthrowing the overthrowing the government an government an unconstitutional unconstitutional violation of the free violation of the free speech clause of speech clause of the First the First Amendment?Amendment?

MajorityMajorityJustice Stanford: Justice Stanford:

States can punish States can punish those threatening those threatening overthrowoverthrow

DissentingDissentingJustice Holmes: Gitlow Justice Holmes: Gitlow

did not present a did not present a present dangerpresent danger

ConclusionConclusion

11stst Amendment applies to states; Due Amendment applies to states; Due Process Clause in 14Process Clause in 14thth Amendment Amendment Indoctrination ClauseIndoctrination Clause

The Supreme Court upheld New York’s The Supreme Court upheld New York’s conviction by vote of 7-2conviction by vote of 7-2

Pleasant Grove City v. SummumPleasant Grove City v. Summum

IssueIssue: Does a city's refusal : Does a city's refusal to place a religious to place a religious organization's monument in organization's monument in a public park violate that a public park violate that organization's First organization's First Amendment free speech Amendment free speech rights when the park already rights when the park already contains a monument from a contains a monument from a different religious group?different religious group?

DecisionDecision: : NoNo. A monument . A monument in a public park is form of in a public park is form of government speech. government speech.

Unanimous vote with 4 Unanimous vote with 4 varying concurrent opinions.varying concurrent opinions.