PLS 460 Gitlow v New York

PLS 460 Gitlow v New York - Gitlow v New York Supreme Court...

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Gitlow v New York Supreme Court of the United States, 1925 268 U.S. 652, 45 S.Ct. 625, 69 L.Ed. 1138 Benjamin Gitlow was accused of advocating the overthrow of the government by force and violence. Gitlow had distributed materials that advocated, advised, and taught “the doctrine that organized government should be overthrown by force, violence and unlawful means.” There was no evidence that his publications had any effect. His conviction was affirmed by the New York Court of Appeals and appealed to the U.S. Supreme Court. The legal question is whether the New York State law that punished advocating the overthrow of the government by force and violence was constitutional. The U.S. Supreme Court affirmed the decision. The court decided that the First Amendment did apply to the states. The state may punish speech and publication if such speech and publication is likely to cause harm to society even if the threat is does not create a clear and present danger. This reasoning has been called the “bad tendency” test because it could allow for a legislature to ban entire
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PLS 460 Gitlow v New York - Gitlow v New York Supreme Court...

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