Gitlow v. New York 1925

Could New York punish advocating the violent overthrow of government?

268 U.S. 652 (1925)Speech and press
The question
Could New York punish advocating the violent overthrow of government?
What the Court held
Yes, the conviction stood, but the Court assumed that freedom of speech and press are protected against the states by the Fourteenth Amendment.
The vote
7–2

This page summarizes the Court’s judgment in neutral terms. The opinion, concurrences and dissents are the authority; read them for the reasoning.

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