GITLOW V NEW YORK 268 U.S 652 1925 GITLOW V NEW YORK U.S CONSTITUTION U.S GOV'T JUDICIAL CIVIL RIGHTS/EQUALITY U.S GOVERNMENT AND CONSTITUTION SIGNIFICANCE THIS RULING ESTABLISHED THE USAGE OF THE FIRST AMENDMENT TO OVERRULE STATE LAWS THAT DEPRIVE CITIZENS OF THEIR FUNDAMENTAL RIGHTS SPECIFICALLY THIS DECISION STATED THAT THE CONSTITUTIONAL FREEDOMS OF SPEECH AND THE PRESS COULD NOT BE RESTRICTED BY STATE LAWS BACKGROUND BENJAMIN GITLOW A SOCIALIST HAD BEEN ARRESTED IN 1920 FOR PUBLISHING AND DISTRIBUTING A PAMPHLET CALLED THE LEFT WING MANIFESTO IN WHICH HE PROMOTED THE ESTABLISHMENT OF SOCIALISM THROUGH STRIKES AND OTHER CLASS ACTIONS HE WAS CONVICTING OF VIOLATING THE NEW YORK CRIMINAL ANARCHY LAW OF 1902 WHICH MADE IT ILLEGAL FOR ANYONE TO CALL FOR THE VIOLENT OVERTHROW OF THE GOVERNMENT DECISION THIS CASE WAS ARGUED ON APRIL 12 1923 REARGUED ON NOVEMBER 23 1923 AND DECIDED ON JUNE 8 1925 BY A VOTE OF 7 TO 2 JUSTICE EDWARD SANFORD SPOKE FOR THE COURT STATING THAT THE FOURTEENTH AMENDMENT PROTECTS FREEDOM OF SPEECH AND THE PRESS IN CASES WHERE THAT FREEDOM HAS BEEN UNFAIRLY TAKEN AWAY BY THE STATES NEVERTHELESS THE COURT UPHELD GITLOW'S CONVICTION INDICATING THAT STATES COULD PUNISH PEOPLE WHO SAY THINGS THAT MIGHT ENCOURAGE VIOLENT OR CRIMINAL ACTS THAT ENDANGER OTHERS JUSTICES OLIVER WENDELL HOLMES AND LOUIS BRANDEIS DISSENTED DISAGREEING WITH THE MAJORITY'S RULING THAT WORDS COULD BE PUNISHED SEPARATELY FROM ACTION EXCERPT FROM THE OPINION OF THE COURT IT IS A FUNDAMENTAL PRINCIPLE LONG ESTABLISHED THAT THE FREEDOM OF SPEECH AND OF THE PRESS WHICH IS SECURED BY THE CONSTITUTION DOES NOT CONFER GIVE SOMEONE AN ABSOLUTE RIGHT TO SPEAK OR PUBLISH WITHOUT RESPONSIBILITY WHATEVER ONE MAY CHOOSE A STATE MAY PUNISH UTTERANCES ENDANGERING THE FOUNDATIONS OF ORGANIZED GOVERNMENT AND THREATENING ITS OVERTHROW BY UNLAWFUL MEANS FREEDOM OF SPEECH AND PRESS DOES NOT PROTECT DISTURBANCES TO THE PUBLIC PEACE OR THE ATTEMPT TO SUBVERT OVERTHROW THE GOVERNMENT IT DOES NOT PROTECT PUBLICATIONS OR TEACHINGS WHICH TEND TO SUBVERT OR IMPERIL ENDANGER THE GOVERNMENT OR TO IMPEDE BLOCK OR HINDER IT IN THE PERFORMANCE OF ITS GOVERNMENTAL DUTIES
