Mrs.Washington

02-08-13Akeria

MaxcineSiran

2nd pd.

WHO???

• The plaintiff?...New York• The defendant?...Benjamin Gitlow

What???

• What the key players actually do?...• -Ben was viewed as being a threat to the national

government by talking bad about it and publishing his views of the government in magazines and newspapers.

When???

• When did the key players do what they did and when was the court case heard?

• - in 1925• through oral arguments before the supreme court issued

its ruling written by justice

Where???

• Where did the event happen?• -New York• Where did the court case take place?• -The United States Supreme Court

Why???

• Can you identify why the key players did what they did?• -They didn’t believe that the United States governed its

people.

How???

• How did the court come its verdicts?• -The court found that Ben was guilty of his crimes.• Were there any other court cases involved?• -no

SUMMARY OF CASE• FACTS:• “State of New York passed a statute that

prohibited the written or verbal advocacy of criminal anarchy, a doctrine advocating overthrowing the government through force or violence. Gitlow (defendant), a socialist, was arrested for distributing copies of a left-wing manifesto that called for the establishment of Socialism in America through mass political strikes and revolutionary mass action of any kind. At trial, Gitlow argued that since there was no conduct incited by this publication and distribution of the manifesto, his speech constituted mere utterances that did not present a clear and present danger to the United States government. Gitlow was nevertheless convicted. He then challenged his conviction against the State of New York (plaintiff) on the grounds that the state’s criminal anarchy statute violated the Fourteenth Amendment Due Process Clause. The United States Supreme Court granted certiorari.”

• Gitlow v. Newyork retrieved January 31,2013 from http://library.thinkquest.org/2760/gitlow.htm

• https://www.quimbee.com/cases/gitlow-v-new-york