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Summary: Does The First Amendment, Free Expression Clause

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Does the First Amendment, Free Expression Clause, apply to the New York State law against Criminal Anarchy, depriving Giltow of his liberty of expression under the Due Process Clause of the Fourteenth Amendment?

Benjamin Gitlow, a member of the Socialist Party of America, advocated the overthrow of organized government by force, violence, and other unlawful means through his Left Wing Manifesto. He was arrested and charged with criminal Anarchy, “the policy that organized government should be overthrown by force or violence... or by any unlawful means. The advocacy of such doctrine either by word of mouth or writing is a felony”. Gitlow argued that the New York law was an unconstitutional limit forced by the state on the rights guaranteed
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One major court decision during Coolidge’s presidency was Gitlow v. New York. This case started in 1919 when Benjamin Gitlow was arrested in New York for criminal anarchy. This state law made advocating the overthrow of the government by force illegal. Gitlow was arrested for the distribution of a “left-wing manifesto” that encouraged the overthrow of the government by any means necessary. During his trial, Gitlow argued freedom of speech clause of the first amendment and that since no violence actually ensued as a result of this publication, he should not be convicted.

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The Gitlow case is a landmark case of United States history and fundamental in the protection of civil liberties. The judgment resulted in three major milestones in civil rights. First, it extended the protection of the First Amendment’s freedom of speech to the states, rather than being reserved only to the federal government. Second, the Gitlow case marked the beginning of a pattern of “incorporation”, further extending constitutional rights to the states. Finally, the judgement of the case was a major stepping stone towards future developments of political equality.

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