Gitlow v US

Gitlow v US - Gitlow v U.S. 1922 I. Facts a. Gitlow, a...

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Gitlow v U.S. 1922 I. Facts a. Gitlow, a socialist, was arrested for distributing copies of a "left-wing manifesto" that called for the establishment of socialism through strikes and class action of any form. Gitlow was convicted under a state criminal anarchy law, which punished advocating the overthrow of the government by force. At his trial, Gitlow argued that since there was no resulting action flowing from the manifesto's publication, the statute penalized utterances without propensity to incitement of concrete action. The New York courts had decided that anyone who advocated the doctrine of violent revolution violated the law. b. II. Legal Questions presented a. Does the New York law punishing the advocacy of overthrowing the government an unconstitutional violation of the free speech clause of the First Amendment? b. III. Answers a. Threshold issue: Does the First Amendment apply to the states? Yes, by virtue of the liberty protected by due process that no state shall deny
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This note was uploaded on 05/03/2010 for the course PLS 460 taught by Professor Lermack during the Spring '10 term at Bradley.

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Gitlow v US - Gitlow v U.S. 1922 I. Facts a. Gitlow, a...

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